P. v. Santana
Defendant appeals from a judgment sentencing him to 26 years, 8 months in state prison for attempted murder, intimidating a witness, and burglary. Defendant argues the following sentencing errors: (1) the trial court improperly imposed a full strength consecutive sentence on the witness intimidation count; (2) the trial court improperly imposed a sentence of one year, eight months on the burglary charge when it was unclear whether the offense was first or second degree burglary; (3) defendant was entitled to but not given credit for time served on the burglary charge; and (4) imposition of the upper term on the attempted murder count violated Blakely v. Washington (2004) 542 U.S. 296. Court agree the sentence on the burglary charge was improperly calculated but affirm the judgment in all other regards.
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