P. v. Hawk
Defendant appeals from the judgment entered upon his convictions by jury of four counts of committing lewd acts on a 14 or 15-year-old child by a person more than 10 years older and two counts of oral copulation of a person under the age of 16. The trial court sentenced appellant consecutively on each of the counts to an aggregate state prison term of five years four months. Appellant contends that (1) the trial court erred in failing to grant his motion for a new trial based upon ineffective assistance of counsel and newly discovered evidence, (2) his convictions must be reversed due to ineffective assistance of counsel, and (3) the matter must be remanded for resentencing because imposition of consecutive sentences violated his rights to a determination by a jury beyond a reasonable doubt of facts necessary to increase a defendant’s sentence beyond the statutory maximum, as set forth in Blakely v. Washington. Court affirmed.
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