P. v. Steele
A jury convicted defendant of making a criminal threat and assault with a deadly weapon, and the trial court sentenced him to the upper term on each count (an aggregate term of four years in state prison). On appeal, defendant contends that imposition of the upper term violates the Sixth Amendment to the United States Constitution as interpreted in Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (hereafter Apprendi), Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely), and Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (hereafter Cunningham). Court affirm the judgment.
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