P. v. Guzman
Defendant and appellant was charged with unlawfully taking a motor vehicle in violation of Vehicle Code section 10851, subdivision (a) (count 1), and receiving stolen property in violation of Penal Code section 496d, subdivision (a) (count 2). Defendant pled guilty to vehicle theft. In exchange, the court dismissed count 2. The court sentenced defendant to six months in jail and three years of probation. Subsequently, the trial court revoked defendant's probation and sentenced defendant to the upper term of 3 years. On appeal, defendant contends that the trial court erred (1) in failing to reinstate his probation; and (2) in sentencing defendant to the upper term. Defendant also contends that his sentence to the upper term violated Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). Court affirm the judgment.
Comments on P. v. Guzman