P. v. Wadley
Earl Wadley appeals from judgment entered following a jury trial in which he was convicted of petty theft with a prior in violation of Penal Code section 666 and found to have suffered five prior felony convictions and served prison terms within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to prison for a total of eight years, consisting of the upper term of three years for the petty theft with a prior, plus five 1-year terms for the prior prison term enhancements. He contends the imposition of the upper term sentence violated Blakely v. Washington (2004) 542 U.S. 296 and his federal constitutional rights to a jury trial and due process. For reasons stated in the opinion, Court affirm the judgment.
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