P. v. Gurnsey
Defendant entered a negotiated plea of no contest to driving under the influence causing injury, a felony, and admitted a prior strike in exchange for dismissal of one remaining count and three additional prior strike allegations against him. Imposing the upper term, the trial court sentenced defendant to six years in state prison. On appeal, defendant contends imposition of the upper term violated his Sixth and Fourteenth Amendment rights under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) and Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). As defendant failed to obtain a certificate of probable cause Court dismiss the appeal; in any event, defendants claim on appeal lacks merit.
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