P. v. Reyes
Appellant was charged with murder, but convicted of voluntary manslaughter based upon imperfect self-defense. Challenging certain elements of his sentence, appellant makes the following contentions: the court used facts prohibited by California court rules to impose the upper term for manslaughter; the court abused its discretion in weighing aggravating and mitigating factors to impose the upper term; the upper term was based upon facts not found by a jury beyond a reasonable doubt, violating appellants rights under the United States Constitution; the imposition of a parole revocation fine was an ex post facto penalty which must be stricken; the trial court did not have sufficient information to determine an appropriate restitution fine; the court security fee imposed at sentencing violated Penal Code section 3 and the ex post facto clauses of the United States and California Constitutions. Court therefore strike the parole revocation fine and affirm the judgment.
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