PEOPLE v.WAYMIRE
In deciding to sentence defendant to upper term on methamphetamine manufacturing charge, trial court did not commit Blakely error in considering the fact that defendant's prior convictions were numerous and of increasing seriousness rather than simply the fact of a prior conviction. Court did not err in relying on the fact that defendant's prior performance on probation was unsatisfactory where defendant admitted he violated his probation by failing to contact his probation officer, failed to participate in a substance abuse counseling program, and possessed methamphetamine. Court's reliance on additional fact not admitted by defendant or proven to a jury beyond a reasonable doubt that defendant was on probation at time of the offense was harmless beyond a reasonable doubt where absence of fact would not have made a material difference in court's determination.
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