P. v. Hammond
Defendant David Fela Iman Hammond pleaded no contest to making a criminal threat (Pen. Code, 422).[1] The trial court sentenced him to the upper term of three years, but suspended execution of the sentence and placed defendant on probation. 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 aggravating factor of defendants record of violence was neither admitted by defendant nor submitted to a jury. Court disagree because the other aggravating factor, defendants felony conviction record, is based on recidivism and thus falls outside of the rule of Cunningham. The record in this case supports this aggravating factor as sufficient to justify the upper term.
Comments on P. v. Hammond