P. v. Bennett
A jury found defendant Johnathan Oneal Bennett guilty of misdemeanor resisting arrest (Pen. Code, 148, subd. (a)(1)) and petty theft with a prior burglary conviction (id., 484, subd. (a), 666), a felony. On the felony count, the trial court sentenced defendant to state prison for the upper term of three years based upon his prior criminal history; on the misdemeanor count, the court ordered defendant to serve 180 days in county jail and gave him credit for time served. On appeal, defendant challenges the constitutionality of his upper term sentence under Blakely v. Washington (2004) 542 U.S. 296. Court affirm.
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