P. v. Williams
Defendant Kelvin Donnel Williams was sentenced to seven years eight months in state prison, after the trial court found that he had violated his probation. The court also imposed a $2,800 restitution fine, and a suspended parole revocation fine in the same amount. On appeal, defendant contends that the courts imposition of the upper term on one count violated his right to a jury trial. He further contends that the amount of the ordered restitution and parole revocation fines must be reduced and that the abstract of judgment needs to be amended to correct clerical errors. We find that defendants Sixth Amendment right to a jury trial was not violated by imposition of the upper term. We further find that the restitution and parole revocation fines must be reduced, and that clerical error in the abstract of judgment must be corrected. court affirm the judgment as amended.
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