P.v. MacIntosh
Ashley MacIntosh appeals from the judgment entered upon her negotiated plea of no contest to transporting a controlled substance, methamphetamine (Health & Saf. Code, 11379, subd. (a)). She was sentenced to the upper term of four years in prison. Appellant contends that remand for resentencing is required because the trial court violated her constitutional rights to a jury trial and to a finding of aggravating factors beyond a reasonable doubt when it imposed the upper term, and the imposition of that term was an abuse of discretion. Respondent contends that this appeal must be dismissed because appellants claim is a challenge to the validity of the plea and she failed to obtain a certificate of probable cause. Court affirm.
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