P. v. Speakes
Defendant appeals a judgment convicting him of first degree burglary in violation of Penal Code section 459. Defendant contends the trial court erred in imposing the upper term sentence for this offense, because it improperly considered aggravating factors in violation of his Sixth Amendment right to a jury trial, as articulated in Blakely v. Washington (2004) 542 U.S. 296 (Blakely). As discussed below, court find no prejudicial error and affirm.
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