P. v. Castaneda
Defendant appeals imposition of the upper term for possessing methamphetamine for sale in SCD197143. On June 6, 2006, Castaneda entered a negotiated guilty plea to possessing methamphetamine for sale and admitted a prior conviction of transporting a controlled substance in SCD197143. (Health & Saf. Code, 11378, 11370.2, subd. (c).) The court immediately sentenced him to prison for six years: the three-year upper term for possessing methamphetamine for sale with a consecutive three years for the prior drug conviction. It imposed concurrent terms in SCD183097 and in SCD166194, cases in which Castaneda was on probation when he committed the crimes in SCD197143. Castaneda contends the trial court abused its discretion in imposing the upper term in SCD197143.
The court denied a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)
As to any claim the imposition of the upper term based on facts determined by the court violates the holding in Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856]), Castaneda's plea agreement authorized the trial court to "determine the existence or non existence of any aggravating facts which may be used to increase my sentence on any count or allegation above the middle term . . . ." The judgment is affirmed.
Comments on P. v. Castaneda