P. v. Hasson
Defendant Tracy Hasson was found guilty by a jury of vehicular manslaughter while driving under the influence of marijuana (former Pen. Code, 192, subd. (c)(3) [the crime of vehicular manslaughter while intoxicated is now contained in Pen. Code 191.5, subd. (b); see Stats. 2006, ch. 91, 1]) and transportation of a controlled substance (Health & Saf. Code, 11352, subd. (a)). Defendant waived jury trial on two prior controlled substance convictions (Health & Saf. Code, 11370.2, subd. (a)), and the trial court found the prior convictions true. Probation was denied and defendant was sentenced to state prison for a term of 11 years 8 months, including an upper term on the controlled substance offense. Defendant appeals, contending there was insufficient evidence that he was under the influence of marijuana at the time of the accident. He also asserts the trial court erred by admitting a photograph of the victim at trial. Finally, defendant claims his sentence violated the holdings in Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) and Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham).) Court affirm.
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