P. v. Tith
Defendant appeals from a judgment entered after he pled guilty to felony assault with a deadly weapon (Pen. Code, S 245, subd. (a)). Defendant contends that his constitutional rights were violated by the imposition of the upper term of sentence, which was based on aggravating factors neither found by a jury nor admitted by his plea. (See Blakely v. Washington (2004) 542 U.S. 296 (Blakely).) Court affirm the judgment.
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