Fear Not Law Articles: P. v. Mori

P. v. Mori

Filed 9/18/07 P. v. Mori CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

----

THE PEOPLE,

Plaintiff and Respondent,

JASON ARTHUR MORI,

Defendant and Appellant.

C054309

(Super. Ct. No. 04F2710)

Defendant, Jason Mori, pleaded no contest to voluntary manslaughter (Pen. Code, 192, subd. (a)) and admitted that he had personally used a firearm in the commission of the offense (Pen. Code, 12022.5, subd. (a)). Sentenced to 16 years in state prison, defendant appeals his sentence, claiming the trial court erred under the rule set forth in Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] when the court imposed the upper term on the conduct enhancement without submitting to a jury the aggravating factors upon which it relied. We find that under the terms of his written plea agreement, defendant expressly waived his right to have the aggravating factors submitted to a jury and affirm the judgment accordingly.

Defendants written plea agreement includes the following language: I understand I have a right to a jury trial as to the existence of any sentencing factors that may be used by the court to increase my sentence to the upper or aggravated term provided by law on any count, sentencing enhancement, or allegation. [] I hereby give up the right to a jury trial on the existence of any sentencing factors and consent to the judge determining, by proof beyond a reasonable doubt, the existence of any aggravating sentencing factors within the judges discretion. I also agree this waiver shall apply to any future sentence imposed following the revocation of probation.

Defendant initialed these paragraphs indicating he understood them and admitted as much to the trial court during entry of his plea. Having waived his right to a jury on the aggravating factors, Defendants claim on appeal is without merit.

Disposition

The trial courts judgment is affirmed.

DAVIS, Acting P.J.

We concur:

RAYE , J.

CANTIL-SAKAUYE , J.

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Description	Defendant, Jason Mori, pleaded no contest to voluntary manslaughter (Pen. Code, 192, subd. (a)) and admitted that he had personally used a firearm in the commission of the offense (Pen. Code, 12022.5, subd. (a)). Sentenced to 16 years in state prison, defendant appeals his sentence, claiming the trial court erred under the rule set forth in Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] when the court imposed the upper term on the conduct enhancement without submitting to a jury the aggravating factors upon which it relied. We find that under the terms of his written plea agreement, defendant expressly waived his right to have the aggravating factors submitted to a jury and affirm the judgment accordingly. The trial courts judgment is affirmed.
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