P. v. Zuniga
The trial court terminated probation and sentenced defendant Edward Dominic Zuniga to state prison for the upper term of three years after he admitted his second violation on his 2005 grant of probation for possession of a short-barreled shotgun. On appeal, defendant contends (1) the courts imposition of the upper term without a jury finding of aggravating factors beyond a reasonable doubt violated his Sixth and Fourteenth Amendment rights under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856; 166 L.Ed.2d 856] (Cunningham), (2) the court erred in failing to state the reasons for imposing the upper term, (3) any failure to object at sentencing to the courts failure to state such reasons was the result of ineffective assistance of counsel, and (4) trial counsels failure to argue for the low or middle term constituted ineffective assistance of counsel. Court affirm the judgment.
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