P. v. Bradburn
Kent Bradburn appeals following his convictions based upon a plea of guilty to sale or transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a)) and one count of possession of a controlled substance while armed with a loaded firearm (Health & Saf. Code, 11370.1, subd. (a)). He also admitted an enhancement allegation pursuant to Penal Code section 12022, subdivision (a), that he suffered a prior narcotics conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c.) In another case he entered a plea of guilty to possession of ammunition (Pen. Code, 12316, subd. (b)(1)) and misdemeanor possession of marijuana (Health & Saf. Code, 11357, subd. (b)).
Court hold, based upon the California Supreme Courts recent decision in People v. Black (2007) 41 Cal.4th 799 (Black II), that no Cunningham error occurred. Court also hold that defendant waived his objection to the dual use of facts articulated by the court in making its sentencing choices, and that, in any event, any error is harmless. The judgment is affirmed.
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