P. v. Cheeks
On April 12, 2005, Betty Cheeks pled guilty to one count of welfare fraud (Welf. & Inst. Code, 10980) and 11 counts of issuing checks with insufficient funds (Pen. Code, 476, subd. (a)). The facts relating to these offenses are not relevant to the issue on appeal.
In Court's view, the several aggravating factors relied upon by the court to impose the upper term clearly fell within the prior conviction exception to the Apprendi rule. Further, those prior conviction aggravating factors did not in any way relate to the commission of the offense, but goes to the punishment only . . . . (Almendarez-Torrez v. United States, supra, 523 U.S. at p. 244, italics omitted.) Therefore, these factors did not need to be supported by jury findings.
Accordingly, Court conclude that imposition of the aggravated term in this case did not violate appellants federal constitutional right to a jury trial under the Sixth Amendment or his right to due process under the Fourteenth Amendment as explicated in Blakely, supra, 542 U.S. 296 and Cunningham, supra, 127 S.Ct. 856.
III. DISPOSITION
The judgment and sentence are affirmed.
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