P. v. Castonon
A jury convicted Victor Castanon of second degree robbery, and he admitted in a bifurcated proceeding he hadpreviously served two separate prison terms for felonies.[1] He was sentenced to an aggregate state prison term of seven years, the upper term of five years for the robbery, plus an additional two years for the prior prison term enhancements. On appeal Castanon contends the imposition of the upper term for robbery based on factual determinations made by the court, not the jury, violated his federal constitutional right to a jury trial under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) and Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). Court affirm.
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