P. v. Rodriguez
A jury found defendant Joshua Thomas Rodriguez guilty of two counts of corporal injury to a cohabitant with a prior conviction of the same. (Pen. Code,[1] 273.5, subd. (e).) The court sentenced defendant to concurrent upper terms for these offenses. Defendant appealed, claiming the court violated his Sixth and Fourteenth Amendment rights under the United States Constitution by imposing the upper term without a jury determination of the aggravating circumstances. We affirmed the judgment in an unpublished opinion. On February 20, 2007, the Supreme Court of the United States granted defendants petition for writ of certiorari. The court vacated the judgment in this case and remanded the matter to us for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] (Cunningham). Court have further considered the matter. Court again affirm the judgment.
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