P. v. Macias
Celia Macias appeals from a judgment entered after a jury found her guilty of possessing cocaine for sale. Macias contends evidence the police obtained from her dayplanner (or date book) and an intercepted cellular telephone call violated her Fourth Amendment right to be free from unreasonable searches and seizures, and the failure to exclude this evidence at trial violated her Fourteenth Amendment right to due process. Macias also contends the trial court violated her Sixth Amendment right to a jury trial when it imposed an upper term sentence on the offense based on factual findings not made by the jury. Court conclude the search was reasonable and the trial court did not err in imposing the upper term sentence. Accordingly, Court affirm.
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