P. v. Sims
A jury convicted defendant Richard Lamont Sims of stalking with a prior conviction for stalking (Pen. Code, 646.9, subd. (c))[1]and stalking in violation of a court order ( 646.9, subd. (b)). The trial court sentenced defendant to an upper term of five years in prison.
On appeal, defendant contends the trial court erred in failing to give a unanimity instruction and improperly revoked his custody credits, and that his upper term sentence violated the rule of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) and Apprendi v. New Jersey(2000) 530 U.S. 466 [147 L.Ed.2d 435] (Apprendi). Court reinstate the custody credits and otherwise affirm the judgment.
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