P. v. Ruiz
A jury convicted appellant Augustine Ruiz, Jr., of first degree burglary (Pen. Code, 459, 460, subd. (a)). The court imposed the upper term of six years.
Appellant contends (1) he was denied his rights to trial by jury and due process of law under the United States Constitution because the court imposed the upper term based on circumstances in aggravation that were not found by a jury beyond a reasonable doubt, and (2) the minute order of the sentencing hearing and the abstract of judgment incorrectly state that the court ordered appellant to pay the cost of the preparation of the presentence report in the amount of $900. We Court find merit in the second of these contentions, direct the trial court to prepare an amended sentencing hearing minute order and abstract of judgment, and otherwise affirm.
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