P. v. Robinson
A jury found defendant and appellant Curtis Purnell Robinson guilty of selling cocaine base. (Health & Saf. Code, 11352, subd. (a).) In a bifurcated trial, the trial court found true the allegations that defendant had two prior convictions of Health and Safety Code section 11351.5, within the meaning of Health and Safety Code section 11370.2, subdivision (a), three prior prison convictions, within the meaning of Penal Code section 667.5, subdivision (b), and one prior strike conviction (Pen. Code, 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The court sentenced defendant to a total term of 19 years in state prison, which included the upper term of five years for selling cocaine base.
Defendants sole contention on appeal is that the sentence violates his Sixth Amendment right to trial by jury under Blakely v. Washington (2004) 542 U.S. 296 (Blakely) and United States v. Booker (2005) 543 U.S. 220. Defendant has submitted supplemental briefing asserting that Cunningham v. California (2007) U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) requires that a jury find aggravating factors true before a trial court may impose the upper term. Court affirm.
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