Is a defendant's right to a jury trial violated by the imposition of the upper term sentence for possessing a controlled substance for sale?

In this case, defendant's constitutional right to a jury trial was not violated by the trial court's imposition of the upper term sentence for his conviction of possessing a controlled substance for sale. Defendant admitted that he had two prior convictions for robbery and possession of a controlled substance. As a result, the admission constituted at least one legally sufficient aggravating circumstance. In addition, the trial court noted that defendant had a juvenile sustained petition for burglary and served prior prison terms. The "`statutory maximum'" sentence to which defendant was exposed was the upper term. (People v. Black, supra, ___ Cal.4th at p. ___.)

B. Drug Laboratory Fee