P. v. Barajas
Pursuant to a negotiated settlement, defendant Luis Macias Barajas pled guilty to possession of pseudoephedrine with intent to manufacture methamphetamine (Health & Saf. Code, 11383, subd. (c)(1)). Without objection by defendant, the court imposed the upper term of six years because it found as aggravating factors that (1) defendant was on probation and parole at the time of the offense, and (2) he was continuing to . . . participate in criminal enterprises and antisocial behavior insofar as there were narcotics involved. Defendant appeals, contending that the courts imposition of the upper term cannot stand because it was based on reasons which violated his right to have any fact, other than a prior conviction, that increases the penalty tried to a jury and proven beyond a reasonable doubt as required by Apprendi v. New Jersey (2000)530 U.S. 466 at page 490 [147 L.Ed.2d 435, 455] and Blakely v. Washington (2004) 542 U.S. 296 at pages 303 305 [159 L.Ed.2d 403, 413-414]. The judgment is affirmed.
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