P. v. Goodwin
On July 20, 2005, appellant pleaded guilty as charged in complaint numbers CC582359 and CC584698 in return for a maximum sentence of no greater than 35 years. From these two cases, in total, appellant pleaded guilty to seven counts of first degree robbery (Pen. Code, 211, 212.5, subd. (a)), one count of second degree robbery (Pen. Code, 212.5, subd. (c)), one count of possessing methamphetamine for sale (Health and Saf. Code, 11378), one misdemeanor count of possessing controlled substance paraphernalia (Health & Saf. Code, 11364). Appellant admitted two enhancements for being armed with a firearm (Pen. Code, 12022, subd. (a)(1)) and three enhancements for personally using a knife (Pen. Code, 12022, subd (b)(1)). In addition, appellant admitted having suffered a prior "strike" and a prior serious felony conviction. The facts underlying appellant's convictions are not pertinent to this appeal. Appellant's sole issue on appeal relates to the imposition of the upper or aggravated term for some of the robbery counts. Specifically, appellant contends that when the court imposed an aggravated sentence on the basis of facts it found, which went beyond anything he pled to, the court violated his constitutional right to a jury trial as explained in Blakely v. Washington (2004) 542 U.S. 296 (Blakely).
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