People v. Zamora-Canada CA3

Filed 1/27/25 P. v. Zamora-Canada CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C099995

Plaintiff and Respondent, (Super. Ct. No. 16FE021333)

v.

GERMAN ZAMORA-CANADA,

Defendant and Appellant.

Defendant contends the trial court erred by selecting an upper term sentence for his attempted murder conviction based on aggravating facts that were not proven to a jury, in violation of Penal Code1 section 1170, subdivision (b)(2) and the Sixth Amendment to the United States Constitution. Defendant has not disputed the truth of any of these aggravating facts, which were proven by certified records from the

1 Undesignated statutory references are to the Penal Code.

1 Department of…