P. v. Weatherspoon
A jury convicted defendant and appellant Ray Weatherspoon of second degree burglary and petty theft. After a court trial, the court found true 11 prior prison term allegations under Penal Code[1]section 667.5, subdivision (b). The trial court imposed five one-year terms under section 667.5, subdivision (b), but struck the remaining six. Citing the stricken prior prison terms and that Weatherspoon was on parole at the time he committed the current offenses, the trial court imposed the upper terms on both counts. Weatherspoons sole contention on appeal is the imposition of the upper terms violates Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham). Court disagree, and Court therefore affirm the judgment.
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