P. v. Gayanich
Defendant was convicted following a jury trial of possession of a weapon while in custody (Pen. Code, 4502, subd. (a)). The trial court found that defendant suffered prior convictions and served three prior prison terms. He was sentenced to an aggregate term of seven years in state prison. In this appeal he claims that the trial court erred by admitting evidence of an uncharged violation of county jail disciplinary regulations, and violated his due process and jury trial rights under Blakely v. Washington (2004) 542 U.S. 296, by imposing an upper term. Court conclude that the court did not err by admitting the uncharged acts evidence, and no prejudicial sentencing error occurred. Court therefore affirm the judgment.
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