P. v. Perez
Defendant and appellant Gregory Brandon Perez (defendant) is serving an eight-year sentence after suffering convictions in two separate cases for aggravated assault and use of force resulting in great bodily injury. In this appeal, he challenges the trial courts decision to sentence him to the upper term on the assault charge, based on the Supreme Courts recent decision in Cunningham v. California (2007) 549 U.S.[127 S.Ct. 856] (Cunningham). Defendant also argues that the trial court erred in using the same fact to impose the upper term as to impose a three-year sentence for the great bodily injury enhancement. Court affirmed.
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