P. v. Perkins
Defendant Myron Lee Perkins was convicted by a jury of four counts of second degree commercial burglary (Pen. Code, 459) and two counts of forgery ( 470, subd. (a)). Based on these and prior convictions, defendant was sentenced to 13 years in prison. He contends the trial court violated section 654 because it did not stay the execution of sentence on three out of the four burglary charges. Defendant also argues his sentence is unconstitutional for two reasons: First, defendant claims he was denied his right to retained counsel of his choice at sentencing. Second, defendant claims the trial court imposed the upper term for the burglary charged in count 1 based on factors not found true by a jury in violation of the Supreme Courts recent decision in Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403].
The trial courts imposition of the upper term on count 1 is reversed, and Court remand this matter for further proceedings not inconsistent with this opinion and Cunningham. The judgment is affirmed in all other respects.
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