P. v. Diaz
A jury found defendant and appellant guilty of committing corporal injury to a spouse, in violation of Penal Code section 273.5, subdivision (a). The trial court sentenced defendant to the upper term of four years. Defendant's sole contention on appeal is that the imposition of the upper term deprived him of his federal and state constitutional rights to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. 296. Court reject this contention and affirm the judgment.
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