P. v. Eagles
In July 2004, appellant Kenneth Eagles was charged with four counts of unlawful sexual intercourse with a minor (Pen. Code, 261.5; counts 1 4) and one count of willfully failing to register as a sex offender ( 290, subd. (g)(2); count 5). In December 2004, pursuant to a plea agreement, the four counts of violating section 261.5 were dismissed and appellant pled no contest to the count 5 offense. In January 2005, the court suspended imposition of sentence and placed appellant on three years probation. The conditions of probation included that appellant serve one year in county jail and have no contact with Loretta T., the minor alleged to be the victim in the dismissed counts.On appeal, appellant contends he was denied his rights to trial by jury and due process of law under the United States Constitution because the court imposed the upper term on count 5 based on circumstances in aggravation that were not found by a jury beyond a reasonable doubt. Court vacate the sentence and direct the court to proceed as set forth below.
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