P. v. Hammons
Defendant appeals from the judgment and sentence imposed after he entered a guilty plea to one count of inflicting corporal injury on a cohabitant (Pen. Code, 273.5, subd. (a)) and admitted the truth of a prior conviction for that same offense committed within the last seven years. ( 273.5, subd. (e)(1).) Finding the circumstances in aggravation outweighed the circumstances in mitigation, the trial court imposed the upper term of imprisonment of five years. In so doing, the court found two circumstances in mitigation and six circumstances in aggravation. As to those six, three of them are based upon defendants prior convictions and three are based on other facts found by the court. On appeal, defendant argues that imposition of the upper term of imprisonment violated his right to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely).
We find no error and shall affirm the judgment.
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