P. v. Washington
Defendant Tony Edward Washington appeals from the sentence imposed following his pleas of no contest to assault by means of force likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1))[1]and misdemeanor statutory rape ( 261.5, subd. (c)) and his admission of a violation of probation. He contends the trial court abused its discretion in sentencing him to the upper term on the assault charge by utilizing an improper aggravating factor and erred in determining factors in mitigation. Defendant also contends the trial court violated his rights under Cunningham v. California (2007) 549 U.S. 270by imposing the upper term on a finding that his prior convictions were numerous and of increasing seriousness. Court affirm.
Comments on P. v. Washington