People v. Wilson

Opinion

CANTIL-SAKAUYE, J.

In May 2005, defendant Jon Burgess Wilson entered a plea of guilty to second degree burglary (Pen. Code, § 459)

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in exchange for the dismissal of an additional charge of petty theft (shoplifting) (§ 490.5). The trial court placed defendant on three years’ formal probation. In October 2007, defendant admitted three violations of his probation. In November 2007, the trial court denied defendant reinstatement of probation and sentenced him to state prison for the upper term of three years.

On appeal, defendant claims the trial court’s imposition of the upper term violated his federal constitutional rights under

Apprendi v. New Jersey

(2000) 530 U.S. 466 [147 L.Ed.2d 435, 120 S.Ct. 2348]

(Apprendi), Blakely

v.

Washington

(2004) 542 U.S. 296 [159 L.Ed.2d 403, 124 S.Ct. 2531]

(Blakely),

and

Cunningham v. California

(2007) 549 U.S. 270 [127 S.Ct. 856, 166 L.Ed.2d 856]

(Cunningham).

We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2004, defendant and his wife entered a Wal-Mart store in Yuba County, with the intent to commit theft.

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They gathered a number of items into a shopping cart, removed the UPC (uniform product code) labels, and left the store without paying for the merchandise. Store security stopped the couple outside the store and escorted them back inside.

The information subsequently filed charged defendant with second degree burglary and shoplifting. Defendant pled guilty to the burglary charge, the shoplifting charge was dismissed, and defendant was placed on formal probation.