P. v. Daley
Appellant Mark Delroy Daley supplied three teenage girls with drugs and arranged for them to engage in acts of prostitution. He was tried before the court and sentenced to prison for an aggregate term of 19 years 8 months based on his conviction of one count of child endangerment (Pen. Code, 273a, subd. (a)), two counts of furnishing methamphetamine to a minor (Health & Saf. Code, 11353), two counts of procuring a minor for prostitution (Pen. Code, 266i, subd. (a)(5)), one count of procuring a person for prostitution (Pen. Code, 266i, subd. (a)(1)), three counts of procuring a child under 16 to perform a lewd and lascivious act (Pen. Code, 266j), and one count of possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)).
Appellant argues: (1) the evidence was insufficient to support the child endangerment conviction; (2) the court relied on an improper aggravating factor when it imposed the upper term on the furnishing count that was selected as the principal term; (3) the upper-term sentence violated Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham) and Blakely v. Washington (2004) 542 U.S. 296, 301 (Blakely); and (4) a $20 court security fee must be stricken because the crimes in this case were committed before the operative date of the statute authorizing the fee. Court agree the case must be remanded for resentencing under Cunningham and Blakely, but otherwise affirm.
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