P. v. Ruble
A jury convicted defendant Gary Wayne Ruble of inflicting corporal injury on a cohabitant (Pen. Code, 273.5, subd. (a).) The trial court sustained two prior prison term allegations, sentenced defendant to an aggregate term of seven years in state prison, and imposed a consecutive 183-day jail term for violating his misdemeanor probation in another case. On defendants motion, the court recalled the sentence, reimposed the seven-year state prison term, and ordered that the 183 day jail term be served concurrently.
On appeal, defendant contends the trial court did not properly state its reasons for imposing the upper term when it resentenced him; trial counsels failure to object constituted ineffective assistance of counsel; and imposition of the upper term violated his rights to due process and jury trial. Court affirm.
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