P. v. Beverly
Defendant and appellant Milton Beverly (defendant) appeals an order of the trial court revoking his probation after a contested hearing. Defendant contends that the trial court violated his right to a jury trial, as set forth in Cunningham v. California (2007) 549 U.S. 270 (Cunningham), by executing a previously imposed but suspended term of imprisonment that included an upper term on his conviction for firearm assault. Court conclude that defendant is estopped from challenging imposition of the upper term because he accepted that sentence as a term of his plea agreement. Court therefore affirm.
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