P. v. Deniz
On September 3, 2002, in case No. 02CM2644 appellant, David Borges Deniz, pled no contest to possession of methamphetamine (Count 1/Health & Saf. Code, 11377, subd. (a)) and admitted an on-bail enhancement (Pen. Code, 12022.1). In case No. 02CM2642, Deniz pled guilty to transportation of methamphetamine for personal use (Health & Saf. Code, 11379). On October 2, 2002, the court placed Deniz on Proposition 36 probation. Following a contested hearing, on June 8, 2005, the court found that Deniz violated his probation in both cases by possessing methamphetamine for sale on February 1, 2005.
On July 7, 2005, the court sentenced Deniz to an aggregate term of six years eight months. On appeal, Deniz contends 1) the court committed Blakely[1]error; and 2) the evidence is insufficient to support the courts true findings with respect to the convictions underlying the two aggravating circumstances the court found true. Court affirm.
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