P. v. Molina
Pursuant to a negotiated plea agreement, appellant pled no contest to assault with a deadly weapon. The trial court granted the People’s motion to dismiss the balance of the information. The court, finding factors in aggravation outweighed those in mitigation, and sentenced appellant to the upper term of four years in state prison.
Appellant’s sole contention on appeal is that the imposition of the upper term deprived him of his federal and state constitutional rights to a jury trial guaranteed by the Sixth Amendment and his right to due process guaranteed by the Fourteenth Amendment. Court disagreed with his contention and affirmed the judgment.
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