P. v. Atkinson
The trial court sentenced defendant to a prison term of seven years, comprised of an upper term of four years for the corporal injury conviction and one year for each of the three prior prison terms. On appeal, defendant contends his sentencing under section 1170, as amended in 2007 (Sen. Bill No. 40; Stats. 2007, ch. 3, 2 (hereafter SB 40)) violated the ex post facto and due process provisions of the federal Constitution. Court affirm the judgment.
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