P.v .Acevedo
Jose O. Acevedo was convicted by plea of three counts of vehicular manslaughter while intoxicated. (Pen. Code, 191.5, subd. (a).)[1] The trial court sentenced him to a 10 year upper term on count one and consecutive two-year terms (one third the midterm) on the other counts, for an aggregate sentence of 14 years state prison. Acevedo appeals from the judgment, contending that the upper term sentence violates Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856] [Cunningham) and his Sixth Amendment right to jury trial. Court affirm.
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