P. v. Richardson
A jury found defendant James Russell Richardson guilty of assault with a deadly weapon and found true an enhancement that he personally inflicted great bodily injury on the victim. The trial court sentenced him to a total of seven years in state prison, which included the four-year upper term for assault. The trial court explained its selection of the upper term as follows: There are a number of circumstances in aggravation. This violent conduct is certainly a serious danger to society. The defendant does have prior convictions as an adult. They are . . . increasing in number and seriousness. He does have a violent history, and plainly his past performance on probation has been unsatisfactory. I dont know of any mitigating circumstances.
Defendants sole contention on appeal is that the trial courts imposition of the upper term violated his constitutional right to a jury trial. Court disagree.
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