P. v. Walker
Defendant Vince Allen Walker appeals the sentence imposed following his guilty plea to possession of a controlled substance (methamphetamine) (Health & Saf. Code, 11377, subd. (a)), and admission of two prior prison term allegations (Pen. Code, 667.5, subd. (b)). Appellant contends the trial court violated the dual use of facts prohibition in using prior felony convictions to impose the upper term; his upper term sentence violated Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham)and People v. Black (2007) 41 Cal.4th 799 (Black); and Black and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval)were wrongly decided.
The judgment is affirmed.
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