P. v. Pokorney
Defendant committed a commercial burglary. Convicted of that crime and sentenced to five years in state prison, he appeals. He contends that (1) the trial court abused its discretion in denying his motion to disqualify the deputy district attorney who prosecuted him and (2) the imposition of the upper term for burglary violated his rights under Cunningham v. California (2007)549 U.S. 270 [166 L.Ed.2d 856] (Cunningham). Court find no merit in defendants contentions, and therefore affirm.
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