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P. v. Pettway
During a birthday celebration defendant Victor Pettway struck his wife in the face with a shoe. Defendant pled guilty to corporal injury of a spouse with a prior domestic violence conviction. (Pen Code, 273.5, subds. (a), (e).) Sentenced to five years in prison, defendant appeals, contending imposition of the upper term violated his Sixth Amendment right to a jury trial. Court affirm the judgment.

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