P. v. Gonzales
Appellant, was found guilty after a jury trial of felony vehicle theft (Veh. Code, S 10851, subd. (a), count one) and felony evasion of a peace officer (Veh. Code, 2800.2, subd. (a), count two). On March 24, 2006, the trial court sentenced Gonzales to the upper prison term of three years on count one and to a concurrent upper term sentence on count two of three years. The court imposed a restitution fine and granted Gonzales 159 days of custody credits.
On appeal, Gonzales contends the trial court violated his right to a jury trial when it relied on aggravating factors to impose the upper term sentence. (Cunningham v. California549 U.S. __ [127 S.Ct. 856] (Cunningham).) Court disagree and affirm.
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