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P. v. Smith
Charles Smith was convicted of second degree commercial burglary (Pen. Code,[1] 459) and sentenced to a total of seven years in prison. He appeals on the ground that the imposition of the upper term sentence violated his Sixth Amendment right to a jury trial as set forth in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi), Blakely v. Washington (2004) 542 U.S. 296 (Blakely), and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court affirm.

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