P. v. Bighead
Following a mistrial on rape charges, defendant Jason Bighead pleaded guilty to sexual battery and unlawful sexual intercourse. Pursuant to a negotiated disposition, his sentence was suspended and he was placed on probation conditioned on serving 16 months in the county jail. Defendants probation was later revoked, and he was sentenced to the upper term of four years in state prison on the sexual battery count, with a concurrent upper term sentence on the unlawful sexual intercourse count. On appeal, defendant contends that his upper term sentences were imposed in violation of Blakely v. Washington (2004) 542 U.S. 296 (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court disagree, and affirm the judgment.
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