P. v. Brown
Defendant was convicted of assault with a deadly weapon, with true findings on allegations that he had served two prior prison terms. (Pen. Code, SS 245, subd. (a)(1), 667.5, subd. (b).) Defendant was sentenced to state prison for a term of five years (upper term of four years plus one year for one prior prison term). He appeals, claiming (I) the trial court should have granted his request for a continuance so that he could retain private counsel, and (II) his upper term sentence must be vacated. We agree that the upper term sentence must be vacated (Cunningham v. California (2007) ___ U.S. ___ [127 S.Ct. 856]) but otherwise reject Brown's claim of error, modify the judgment, affirm as modified, and remand with directions to enter a corrected abstract of judgment.
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