P. v. Perez
An information charged Defendant with corporal injury on the parent of his child (corporal injury)with acorporal injuryprior( 273.5, subds. (a), (e)(1)[1]), criminal threats ( 422), and disobedience of a court order ( 166, subd. (a)(4)) and alleged a prison term prior forpossession of a controlled substance ( 667.5, subd. (b)). Outside the presence of the jury, he admitted both priors. The jury found him guilty as charged. The court imposed an aggregate 6-year sentence (a 5-year aggravated term for corporal injury with a corporal injuryprior, a 1-year consecutive term for the prison term prior, a concurrent 3-year aggravated term for criminal threats, and a concurrent 6-month term for disobedience of a court order). ( 18, 19, 166, subd. (a)(4), 273.5, subd. (a), 422, 667.5, subd. (b).) On appeal, he challenges the constitutionality of the courts admission of and instruction on evidence of his corporal injury prior and challenges the constitutionality of the courts selection of aggravated terms without jury findings on circumstances in aggravation. Court remand for a new sentencing hearing but otherwise affirm the judgment.
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