P. v. Bowen
A jury convicted defendant in case No. 04F6111 of two misdemeanor counts of battery of the mother of defendant’s child; three felony counts of tampering with a utility line, inflicting corporal injury on a spouse or cohabitant, and battery with serious bodily injury; plus two misdemeanor counts of violation of a court order; and found true two great bodily injury enhancements as to counts 4 and 5. In case No. 05F1693, defendant pleaded guilty to possession for sale of methamphetamine and admitted a prior serious felony conviction allegation and that he was released on bail at the time he committed the offense.
At sentencing on the two cases, the trial court selected count 4 in case No. 04F6111 as the principal term. It imposed upper term, consecutive sentences for the corporal injury conviction and the bodily injury enhancement, citing the recency and frequency of defendant’s prior convictions as well as his substandard performance on probation and parole. In the aggregate, the court sentenced defendant to 23 years eight months in state prison. Defendant appeals, contending the trial court imposed upper terms in violation of his federal constitutional right to trial by jury. Since this contention is without merit, court affirmed.
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