P. v. Tith
Ricky Tith (Tith) appeals from a judgment entered after he pled guilty to felony assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)). He contends that his constitutional rights were violated by the imposition of the upper term of sentence, which was based on one or more aggravating factors neither found by a jury nor admitted by his plea. (See Blakely v. Washington (2004) 542 U.S. 296 (Blakely).) Court remand for resentencing.
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