P. v. Montgomery
Gerald Bernard Montgomery was sentenced to four years in state prison following revocation of his probation. On appeal he contends imposition of the upper term based on factual determinations made by the trial judge violated his federal constitutional right to a jury trial under Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) and Blakely v.Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). He also contends the trial court abused its discretion by relying on factors that did not support imposition of the upper term. Court affirm.
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