P. v. Estler
Defendant Matthew Mark Estler pled no contest to threats to commit a crime resulting in death or great bodily injury (Pen. Code, 422)[1]in exchange for dismissal of the remaining charge of harassing by telephone ( 653m, subd. (a)) and the alleged enhancements for two prior prison terms ( 667.5, subd. (b)), and a stipulated sentence of three years (the upper term) in state prison. Defendant waived a presentence probation report and was sentenced to three years in state prison in accordance with his plea agreement. Defendant obtained a certificate of probable cause and now appeals his sentence ( 1237.5).
On appeal, defendant claims under Blakely v. Washington (2004) 542 U.S. 296, 301-304 [159 L.Ed.2d 403, 412-414] (Blakely) and Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (Apprendi), that the trial court erred in imposing the upper term without submitting the aggravating factors in support of the upper term to a jury for proof beyond a reasonable doubt. Defendants argument fails.
The judgment of the trial court is affirmed.
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