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PEOPLE v. FLUKER

No. B193079.

59 Cal.Rptr.3d 865 (2007)

151 Cal.App.4th 515

The PEOPLE, Plaintiff and Respondent, v. Charles FLUKER, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

May 29, 2007.

Attorney(s) appearing for the Case

Jennifer L. Peabody, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

ZELON, J.

Charles Fluker appeals the sentence imposed by the trial court on his conviction for possession of cocaine in violation of Health and Safety Code section 11350, subdivision (a). Because the imposition of the upper term sentence for that offense based entirely on facts neither admitted by Fluker nor found true by the jury beyond a reasonable doubt violated his Sixth Amendment right to a jury trial as set forth in Apprendi v. New Jersey (2000)

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