P. v. Silva
This appeal arises from three criminal cases against defendant Thomas Michael Silva, who pleaded guilty to charges of receiving stolen property, attempting to pass a forged check, and failure to appear on a felony charge, and was sentenced to four years, four months in state prison and ordered to pay certain amounts in restitution, including $420 to Woody's Chevron. Defendant asserts two arguments on appeal: (1) that the imposition of the upper term of three years on the principal term violated Blakely v. Washington (2004) 542 U.S. 296 (Blakely); and (2) that the order that he pay restitution in the amount of $420 to Woody's Chevron was improper since defendant was not charged with passing the forged checks that lead to Woody's loss. Court conclude that neither Blakely nor the recent decision in Cunningham v. California (2007) __ U.S. __ [127 S.Ct. 856] (Cunningham), supports defendant's first contention. As to his second contention, court agree, as the People concede, that restitution to Woody's Chevron was improperly ordered. The abstract of judgment shall be amended to strike the $420 restitution order and affirmed in all other regards.
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