P. v. Newton
A jury found appellant Cardell Newton guilty of stalking (Pen. Code, 646.9, subd. (a)) and making criminal threats against two different victims (Pen. Code, 422), and the trial court sentenced him to a total of three years eight months imprisonment. On appeal, appellant argues the courts imposition of an upper term sentence for the stalking charge was an abuse of discretion and violated his constitutional right to a jury trial. (See Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham).) court affirm the judgment.
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