P. v. Nelson
Defendant Daniel Evan Nelson pleaded no contest to committing a lewd or lascivious act on a child (Pen. Code, 288, subd. (a)).[1] On appeal, he contends the trial court imposed the upper term based on facts not submitted to a jury in violation of his Sixth and Fourteenth Amendment rights (Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856] (Cunningham)). Court affirm the judgment.
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