P. v. Evans
A jury convicted defendant James Evans of one count of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1))[1] and found true the allegation that defendant had personally inflicted great bodily injury upon the victim ( 12022.7, subd. (a)). The trial court also found that defendant had violated probation in a separate case in which defendant had pleaded guilty to one count of possession of a controlled substance. (Health & Saf. Code, 11350, subd. (a).) The trial court sentenced defendant to the upper term of four years for the assault, three years for the great bodily injury enhancement, and a consecutive eight months in prison for the violation of probation matter. Defendant appeals. He contends that evidence of the assault victims in-the-field identification of him should have been excluded, that the trial court impermissibly limited his cross examination of a jailhouse informant, and that the upper term and consecutive sentences violate the rule of Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Court find merit in part of defendants Blakely argument and remand for resentencing.
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