P. v. Goodsby
The trial court found defendant Carl Duane Goodsby guilty and sentenced him to five years in state prison for stalking and making criminal threats against E.K. and her family. The court denied defense counsels request pursuant to Penal Code section 646.9, subdivision (m), for a recommendation to the Department of Corrections and Rehabilitation that defendant be certified for mental health treatment at a state hospital. Defendant contends, on appeal, that (1) there was insufficient evidence to prove he made a criminal threat, (2) the court abused its discretion by denying his section 646.9, subdivision (m) request, and (3) the courts imposition of the upper term violated his Sixth and Fourteenth Amendment rights based on the holding in Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court affirm the judgment.
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