Amons

We conclude in this appeal that the new sentencing rules announced in Blakely v. Washington (2004) 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 ( Blakely ), do not apply retroactively upon revocation of defendant's probation to a final sentence that was previously imposed but suspended during his probationary period.

On August 16, 1999, defendant entered a no contest plea to a charge of assault by means of force likely to cause great bodily injury (Pen.Code, § 245, subd. (a)(1)), [1] and admitted an enhancement for personal infliction of great bodily injury (§ 12022.7, subd. (a)). [2] On October 4, 1999, the trial court imposed a four-year upper term for the assault conviction, based upon aggravating circumstances which related to the offense and defendant's recidivism. An additional three-year term for the enhancement was also imposed, for a total state prison sentence of seven years. Execution of the sentence was suspended, and defendant was placed on probation for four years. After a series of probation violations, defendant's probation was finally revoked on January 22, 2004, and the trial court ordered into execution the previously imposed seven-year state…