P. v. Figueroa
A jury found defendant guilty of transporting a controlled substance. (Health & Saf. Code, 11379, subd. (a).) Defendant admitted suffering a prior conviction that resulted in a prison term. (Pen. Code, 667.5, subd. (b).) The court sentenced defendant to state prison for a term of four years. Defendant contends the court violated his Sixth Amendment rights to a jury trial and to proof beyond a reasonable doubt by finding a fact that caused him to be ineligible for Proposition 36 probation. Court affirm the judgment.
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