P. v. Johnson
Defendant was convicted after a jury trial of driving under the influence of drugs causing injury (Veh. Code, 23153, subd. (a)). The jury further found defendant had caused great bodily injury to the victim (Pen. Code, 12022.7, subd. (b)). Defendant admitted he had a prior conviction for driving under the influence of drugs (Veh. Code, 23540). The trial court sentenced defendant to the upper term of three years in state prison and five years for the great bodily injury enhancement, for a total of eight years in state prison. Defendant appeals. He contends his right to due process and his privilege against self-incrimination were violated when the trial court permitted the prosecutor to impeach him with his prior testimony on cross examination. He also contends his upper term sentence violates the principles of Blakely v. Washington (2004) 542 U.S. 296, 303 [159 L.Ed.2d 403, 413] (Blakely). Court affirm.
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