P. v. Sample
Defendant George Carl Sample was convicted by jury of corporal injury on a former spouse, with personal infliction of great bodily injury (count one); assault with a deadly weapon (count two); possession of a firearm by a convicted felon (count three); and battery upon a cohabitant (count five). The trial court found that he violated his probation on an earlier conviction for spousal abuse. Defendant was sentenced to an aggregate term of 11 years, eight months in state prison, including the upper term on count one and consecutive terms on count three and on the prior conviction. On appeal, defendant raised a variety of contentions, including his claim that imposition of the upper term and consecutive terms violated the Sixth Amendment of the United States Constitution as interpreted in Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (hereafter Apprendi) and Blakely v. Washington (2004) 542 U.S. [159 L.Ed.2d 403] (hereafter Blakely). Court rejected defendants contentions in an opinion, filed on September 13, 2004, that was certified for partial publication on the question whether the upper term and consecutive sentences were imposed contrary to requirements of the Sixth Amendment. Once again, Court reject defendants contentions and affirm the judgment, but direct the trial court to correct clerical mistakes in the abstract of judgment.
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