P. v. Newman
A jury convicted appellant Douglas Newman of unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a); count 1), evading an officer (Veh. Code, 2800.2, subd. (a); count 2), and grand theft of an automobile (Pen. Code, 487, subd. (d)(1); count 3). The trial court sentenced appellant to three years and eight months in state prison: the upper term of three years on count 1 and a consecutive mid-term of eight months on count 2. The three-year sentence on count 3 was stayed pending completion of the sentence for count 1. On appeal, appellant argues that his sentence violates his Sixth Amendment right to a jury trial and Fourteenth Amendment right to due process because it is based on aggravating circumstances not admitted or found true by a jury, and also that the sentence was based on an improper dual use of facts. Court. affirm.
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