P. v. Valencia
Defendant Richard David Valencia appeals seeking a reduction of the upper term sentence imposed on one of two counts of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). He argues the trial court violated the Supreme Courts decision in Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856] (Cunningham), when it imposed the upper term based on prior convictions and parole violations. The judgment is affirmed.
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