P. v. Howard
Michael Todd Howard appeals an upper term sentence and restitution and revocation fines for his conviction of burglary with intent to commit rape (Pen. Code,[1] 459, 460, 1202.4, subd. (b), 1202.44, 1204.45). He contends the upper term sentence violates his rights to due process and a jury trial, and the amounts of the restitution and revocation fines were unjustified. Court conclude the upper term sentence was properly imposed and Howard waived the challenges to the amounts of the fines by failing to raise the matter below. Court find, however, that the minutes and abstract of judgment need to be corrected to reflect all the fines imposed by the court. Court affirm the judgment as modified.
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