P. v. Beckham
A jury convicted defendant and appellant Robert I. Beckham (defendant) of unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)) and hit and run driving (Veh. Code, 20002, subd. (a)). The trial court sentenced defendant to the upper term of three years in state prison for his unlawful driving or taking of a vehicle conviction and a consecutive six-month term in county jail for his hit and run driving conviction. On appeal, defendant contends that the trial courts imposition of the upper term sentence based on facts not found true beyond a reasonable doubt by a jury violates his right to a jury trial under the Sixth Amendment to the United States Constitution and his right to due process under the Fourteenth Amendment to the United States Constitution as set forth in Blakely v. Washington (2004) 542 U.S. 296 (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court affirm defendants judgment of conviction and sentence.
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