P. v. Videgain
The trial court found Gregg Theodore Videgain (Appellant) violated the terms of his probation and sentenced him to five years in state prison for transporting methamphetamine with a prior prison term enhancement. After the United States Supreme Court vacated this courts original March 7, 2006, opinion following its decision in Cunningham v. California (2007) 549 U.S.[127 S.Ct. 856] (Cunningham), Appellant reasserts his earlier contention that the trial court unconstitutionally imposed an upper term prison sentence without submitting the aggravating factors to a jury. Court again affirm the disposition.



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