P. v. Bobbitt
Defendant and appellant Robert Forest Bobbitt pled guilty to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)) and was granted probation for three years pursuant to Proposition 36 (Pen. Code, 1210.1). Probation was terminated on December 18, 2007, and defendant was sentenced to the upper term of three years in state prison. Citing the Supreme Courts decision in Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856] (Cunningham), defendant argues the trial court violated his constitutional right to a jury trial when it imposed the upper term.
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