P. v. Montalvo
Defendant and appellant Jose M. Montalvo, Jr., appeals from a guilty plea and seeks a remand for resentencing, because the trial court did not state reasons for imposing an aggravated term. Citing the Supreme Courts decision in Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856] (Cunningham), he also argues the trial court violated his constitutional right to a jury trial when it imposed the upper term. In addition, defendant contends the amendments to Penal Code section 1170 are unconstitutional despite a contrary determination by our Supreme Court in People v. Sandoval (2007) 41 Cal.4th 825.
The judgment is affirmed.
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