P. v. Aguilera
Defendant and appellant Victor M. Aguilera appeals from the judgment entered following a jury trial that resulted in his convictions for two counts of assault with a firearm, mayhem, negligently discharging a firearm, battery, second degree burglary, second degree robbery, and dissuading a witness by force or threat. The trial court sentenced Aguilera to a total term of 64 years, 4 months in prison. Aguilera contends the trial court: (1) prejudicially erred by admitting evidence of his prior conviction; and (2) made various sentencing errors. The People acknowledge that, although Aguilera was sentenced pursuant to the Three Strikes law, he did not have a trial on the alleged prior conviction allegation.
Court now conclude imposition of the upper term on count 3, and consecutive terms on counts 4 and 9, did not violate Blakely v. Washington, supra, 542 U.S. 296 or Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856, 127 S.Ct. 856]. Court nonetheless vacate the sentence imposed by the trial court and remand for a determination of the truth of the prior conviction allegation, and for resentencing in accord with the principles articulated in Blakely and Cunningham and the opinions expressed herein. In all other respects, Court affirm.
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