P. v. Ramirez
Rudy Guadalupe Ramirez appeals from a judgment entered upon his convictions by jury of attempted carjacking (Pen. Code, 664/215, subd. (a), count 1)[1]attempted robbery ( 664/211, count 2) and possession of methamphetamine (Health & Saf. Code, 11377, subd. (a), count 3). The trial court sentenced him to the low term of 18 months on count 1 and to one-third the midterm, or eight months, on count 3, to be served consecutively. It also imposed the midterm of two years on count 2 and stayed execution pursuant to section 654. Appellant contends that imposition of consecutive sentences on counts 1 and 3 violated his right to a jury trial under the Sixth and Fourteenth Amendments to the United States Constitution, as set forth in Apprendi v. New Jersey(2000) 530 U.S. 466 (Apprendi) and Blakely v. Washington(2004) 542 U.S. 296 (Blakely). Court affirm.
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