P. v. Phelps
On December 8, 2005, the Fresno County District Attorney filed an information in superior court charging appellant Rocky Julian Phelps, Jr., as follows: count Iunlawful taking or driving of a vehicle (Veh. Code, 10851, subd. (a)); count IIreceiving stolen property (Pen. Code, 496d, subd. (a)); count III misdemeanor resisting an officer (Pen. Code, 148, subd. (a)(1)); and counts IV and Vmisdemeanor hit run driving (Veh. Code, 20002, subd. (a)). On December 9, 2005, appellant was arraigned and pleaded not guilty to all counts.
The trial court imposed an upper term based on judicially found facts deemed constitutionally permissible under Apprendi, Blakely, Cunningham, and Black II. Therefore, resentencing is not required on count II. The judgment is affirmed.
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