P. v. Didasa
Appellant was convicted, pursuant to a plea agreement, of false imprisonment and battery with serious bodily injury. On appeal, he contends the trial courts imposition of an upper term sentence was unconstitutional because the court relied on factors not found by a jury beyond a reasonable doubt. He also contends the imposition of consecutive terms was improper both because the reason stated by the court was inadequate to justify its decision and because the court relied on factors not found by a jury beyond a reasonable doubt. Court agree that imposition of an upper term sentence was unconstitutional and shall therefore remand to the trial court for resentencing. Court otherwise affirm the judgment.
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