P. v. Edwards
Defendant Russell Elijah Edwards was convicted by a jury of corporal injury and battery to a spouse with findings that he used a deadly weapon and caused great bodily injury based on one incident in which he punched his wife and a second in which he punched and hit her with a baseball bat. The court sentenced defendant to the upper terms for both corporal injury to a spouse and for the great bodily injury enhancement, totaling nine years, plus an additional one year for the use of a deadly weapon (while staying imposition of other portions of the sentence). Defendant appeals, arguing that imposition of the upper terms violated his right to a jury trial, was a prohibited ex post facto application of amendments to the sentencing provisions of the Penal Code, and that the court improperly used the same facts to impose the upper terms for the substantive count and for the enhancement. Defendant concedes that the constitutional arguments have been addressed and rejected by the California Supreme Court, but sets them forth to preserve the issues for federal review. We reject additional contentions concerning the dual use of sentencing factors except with respect to the imposition of the one year enhancement for use of a deadly weapon. Court therefore shall strike the one year enhancement and otherwise affirm the judgment.
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