P. v. Mayzes
Defendant Miguel Edward Mayzes pleaded guilty to inflicting corporal injury on his spouse. Although the probation department recommended probation, the trial court sentenced him to the upper term of four years in state prison. Defendant contends that in so doing the trial court violated Blakely v. Washington (2004) 542 U.S. 296 (Blakely), and also improperly relied on uncharged offenses and elements of the underlying offense. Here, in our fourth opinion in this case, Court again hold as we did in our first opinion, that the trial courts sentence of defendant to the upper term did violate Blakely. Court thus remand with directions to the trial court to reconsider defendants sentence.
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