P. v. Uhler
Citing Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] (Cunningham), defendant Frank Jason Uhler contends that the trial court violated his right to a jury trial by imposing the upper term on his conviction for assault on a police officer with a semi automatic firearm. (Pen. Code, 245, subd. (d)(2)). Court disagree and affirm the judgment.
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