P. v. Pelis
David Alexander Pelis was sentenced to state prison for three years, eight months after being convicted of resisting an executive officer (count 2; Pen. Code,[1] 69) and true findings he had a prison prior ( 667.5, subd. (b)), a serious felony prior ( 667, subd. (a)(1)), and a strike prior ( 667, subds. (b)-(i)). Pelis contends the trial court erroneously relied on evidence relating to count 1, making a criminal threat ( 422) for which he was acquitted, when considering Pelis's motions and determining the sentence for his conviction on count 2, and reliance on these facts violated Cunningham v. California (2007) 549 U.S. , 127 S.Ct. 856 (Cunningham). Court affirm the judgment.
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