California Court of Appeal

Conviction based on guilty plea to manufacturing methamphetamine and a sentence to prison after violation of probation, are affirmed over claim that the trial court-s imposition of the upper term violated defendant's federal constitutional right to a jury trial because the trial court imposed an upper term based on its own finding that defendant-s crimes were increasing in seriousness and that his prior performance on probation was unsatisfactory, rather than based on findings by a jury beyond a reasonable doubt.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., and Bill Lockyer, Attorneys General, Dane R. Gillette and Robert R. Anderson, Chief Assistant Attorneys General, Michael P. Farrell and Mary Jo Graves, Senior Assistant Attorneys General, Stephen G. Herndon and Wanda Hill Rouzan, Supervising Deputy Attorneys General, Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent.