P. v. Martinez
A jury convicted Scott Allen Martinez of assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)) and found true that he personally inflicted great bodily injury ( 12022.7, subd. (a)). Martinez argues the imposition of the upper term violated his federal constitutional rights because it was based on factual findings by the court, not a jury. Court conclude the trial court permissibly imposed the upper term.
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