P. v. Bernard
After entering into a negotiated plea agreement, defendant Eric Jason Bernard pleaded guilty to 12 felony counts, including four counts of robbery (Pen. Code, 211, 212.5, subd. (c), two counts of false imprisonment ( 236, 237), two counts of carjacking ( 215), one count of attempted carjacking ( 664, 215), one count of kidnapping ( 207, subd. (a)), and two counts of assault on a peace officer ( 245, subd. (d)(1)). Defendant also admitted a firearm enhancement for each count. The trial court imposed an aggregate sentence of 39 years, 10 months.
On appeal, defendant makes two claims of sentencing error. First, he contends that the imposition of consecutive sentences on the basis of aggravating factors not found by a jury violates his Sixth Amendment right to a jury trial under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531] (Blakely). Second, defendant asserts that the trial courts failure to state the reasons for the consecutive sentence imposed on count 1 (robbery; 211, 212.5, subd. (c)) requires reversal. For reasons that Court explain, we find no merit in either of defendants claims of sentencing error and therefore Court affirm the judgment.
Comments on P. v. Bernard