Medrano

In 2001, defendant Juan Miguel Medrano was sentenced to five years in state prison pursuant to a negotiated plea agreement in two Butte County cases. Based on the parties’ stipulation that defendant was addicted to or in danger of becoming addicted to narcotics (Welf. & Inst. Code, § 3051), the court suspended execution of the sentence and referred defendant to the California Rehabilitation Center (CRC).

Six years later, defendant’s commitment to CRC was revoked and criminal proceedings were reinstated after he was convicted of a new offense in Riverside County. The court reimposed sentence as originally imposed in 2001, and added a consecutive eight-month term (one-third the middle term) for the new offense.

On appeal, defendant contends imposition of the upper term violated his federal constitutional rights under the law of Cunningham v. California (2007) 549 U.S. 270 [ 166 L.Ed.2d 856 , 127 S.Ct. 856 ] (Cunningham). We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The facts related to defendant’s crimes are not relevant to the issue on appeal.

On April 18, 2001, defendant entered a plea agreement in which he pled no contest in People v. Medrano…