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P. v. Shamblen
Mark G. Shamblen entered negotiated guilty pleas to rape of an intoxicated person (Pen. Code, 261, subd. (a)(3)) and unlawful sexual intercourse with a minor (Pen. Code, 261.5, subd. (c)). In the written plea agreement, Shamblen agreed to have the judge determine the existence or non-existence of any aggravating fact that could be used to increase the sentence. (See Blakely v. Washington (2004) 542 U.S. 296 (Blakely waiver).) The court sentenced him to prison for the eight-year upper term for rape of an intoxicated person and stayed sentence for unlawful sexual intercourse (Pen. Code, 654). The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)

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