P. v. Upp
Defendant Daniel Upp entered a negotiated plea of no contest to felony battery causing serious bodily injury (Pen. Code, 243, subd. (d)), in exchange for dismissal of the remaining charges against him. The trial court sentenced him to the upper term of four years in state prison.
On appeal, defendant contends that imposition of the upper term based on facts that were not submitted to a jury violated his Sixth and Fourteenth Amendment rights. (Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court affirm the judgment.
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