P. v. Ruiz
Jose Trinidad Esquival Ruiz appeals the judgment entered after he pled guilty to two counts of assault with a semiautomatic firearm (Pen. Code,[1] 245, subd. (b)) and one count of possession for sale of methamphetamine (Health & Saf. Code, 11378). He also admitted that he personally used a firearm in committing the assaults ( 12022.5), and that he was armed with a firearm during commission of the possession offense ( 12022, subd. (c)). The trial court sentenced him to a total of eight years in state prison, consisting of six years on the primary assault count (the low term of three years plus three years for the personal firearm use allegation), plus a consecutive eight months (one-third the midterm) for the possession count and a consecutive 16 months for the associated firearm enhancement. His sole contention on appeal is that the imposition of consecutive sentences violated his jury trial and due process rights. (Cunningham v. California (2007) ___ U.S. ___ [127 S.Ct. 856]; Blakely v. Washington (2004) 542 U.S. 296.) Court affirm.
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