P. v. Sanchez
Appellant, David Raymond Sanchez, was charged in an information with felony evasion of a peace officer (Veh. Code, 2800.2, subd. (a), count one) and two counts of felony false imprisonment by violence (Pen. Code, 236 counts two & three). The information alleged appellant had a prior strike conviction within the meaning of the three strikes law ( 667, subds. (b)-(i) & 1170.12, subd. (a)) and a prior prison term enhancement.
On October 26, 2007, appellant entered into a plea agreement whereby he would admit count one, receive a stipulated sentence of six years, consisting of the upper term of three years doubled pursuant to the three strikes law, and the remaining allegations would be reduced to misdemeanors. On February 28, 2008, the trial court sentenced appellant to state prison on count one for six years. Appellant contends the trial court violated his rights under California v. Cunningham (2007) 549 U.S. 270 (Cunningham) in sentencing him to an upper term. Court disagree and will affirm.
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