P. v. Murphy
The probation of defendant and appellant was terminated after the trial court found that defendant violated a probation condition. The trial court sentenced defendant to the upper term. Defendant's sole contention on appeal is that the imposition of the upper term deprived him of his federal and state constitutional rights to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. Court reject this contention and affirm the judgment.
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