P. v. Himmer
Appellant Wallace Nickolas Himmer, Jr., was convicted, following a guilty plea, of two counts of committing a lewd and lascivious act on a child under the age of 14 years and one count of exhibiting harmful matter to a minor with the intent to seduce a minor. On appeal, appellant contends (1) the trial courts imposition of an upper term sentence was unconstitutional under Blakely v. Washington (2004) 542 U.S. 296 (Blakely) because it relied on facts that were not alleged, were not found by a jury, and were not found to be true beyond a reasonable doubt; and (2) imposition of a consecutive term constituted multiple punishment in violation of Penal Code section 654. Court affirm the judgment and deny the petition for writ of habeas corpus.
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