P. v. Ocampo
Defendant entered a negotiated plea of guilty to evading a peace officer, and possession of forged checks respectively. The trial court subsequently imposed a state prison term of three years and eight months, consisting of the upper term on Count II and a consecutive term on Count III. In this appeal defendant claims that the trial court erred by imposing upper and consecutive terms based upon aggravating factors that defendant neither admitted as part of his plea nor were found by the jury, in violation of his rights to a jury trial and finding of guilt beyond a reasonable doubt under Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Court conclude that the imposition of upper and consecutive terms did not violate Blakely, and therefore affirm the judgment.
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