P. v. Reeves
Defendant Daniel Alva Reeves pleaded no contest to one count of battery with serious bodily injury. (Pen. Code, 243, subd. (d).)[1] The trial court sentenced him to the upper term of four years. Defendant argues that the imposition of the upper term violates Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) because the five aggravating factors were neither admitted by defendant nor submitted to a jury. Court disagree because three of the aggravating factors are based on recidivism, and thus fall outside the rule of Cunningham, and those three factors are sufficient to justify the upper term.
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