P. v. Ritchie
Defendant Patrick Shannon Ritchie timely appeals from an October 6, 2006, judgment sentencing him to 10 years and four months in prison pursuant to a plea agreement regarding crimes charged in three separate cases. In calculating defendants prison term, the trial court selected the upper term of three years for defendants admission to petty theft with a prior theft conviction (Pen. Code, 666). Defendant argues on appeal that under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham), the trial court violated his federal constitutional rights in selecting the upper term because it relied on facts that were neither found by a jury beyond a reasonable doubt nor admitted by defendant. Court conclude this contention is without merit and thus affirm.
Comments on P. v. Ritchie