People v. Towne

Opinion

GEORGE, C. J.

Defendant Shawn Towne was charged with multiple offenses ranging from kidnapping and robbery to “joyriding,” but was convicted of only the last offense. He contends that imposition of the upper term sentence on that offense violated his Sixth Amendment right to a jury trial on facts that were used to increase his sentence above the statutory maximum, as that right has been interpreted in Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham). We conclude the aggravating circumstance that a defendant served a prior prison term or was on…