P. v. Casanas
A jury convicted defendant of three counts of furnishing a minor with a controlled substance in violation of Health and Safety Code section 11380, subdivision (a), and two counts of unlawful sexual intercourse with a minor in violation of Penal Code section 261.5, subdivision (c).[1] Defendant appeals and challenges the lower courts decision to dismiss a juror after deliberations had started and its refusal to conduct an evidentiary hearing after the jury verdict when the dismissed juror alleged another juror had engaged in misconduct. Additionally, defendant contends that the lower court improperly sentenced him to the upper term for his convictions of furnishing a minor with a controlled substance. He asserts that imposing the upper term violated the dual use doctrine and his due process and Sixth Amendment rights under Blakely v. Washington (2004) 542 U.S. 296 (Blakely). We are unpersuaded by defendants arguments regarding the lower courts decision to remove one juror and not to conduct an evidentiary hearing regarding the alleged misconduct of another juror. Court also conclude that defendant has forfeited any challenge to his sentence based on the dual use of facts doctrine because he did not object to the aggravated sentence in the lower court. Furthermore, imposing the upper term did not violate his constitutional right to a jury trial because there were three recidivism factors in aggravation.
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