P. v. Villafan
Defendant Ruben Alvarez Villafan appeals from a judgment imposing the upper term of four years upon his guilty plea to the charge of transportation of methamphetamine in violation of Health and Safety Code section 11379, subdivision (a). A related charge was dismissed upon entry of his plea. In selecting the upper term, the trial court explained: The aggravated term is appropriate given his numerous criminal convictions. If I dont look at anything else, that makes it an aggravated term. The sole issue raised on appeal is that the sentence was imposed in violation of defendants constitutional rights under Cunningham v. California (2007) U.S.[127 S.Ct. 856] (Cunningham)and the prior cases on which that decision was based. The judgment is affirmed.
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