P. v. Smith
A Madera County jury found Appellant guilty of two counts of possession of methamphetamine for sale. The trial court sentenced Appellant to an upper three-year prison term for the first count plus a consecutive eight-month subordinate term (one-third of the middle term) for the second count. On appeal, Appellant contends the trial court’s imposition of the upper term violated her federal constitutional right for a jury to decide, beyond a reasonable doubt, the facts warranting an upper-term sentence. Appellant also contends her counsel was ineffective for failing to object to the upper term sentence. Judgment Affirmed.
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