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Name: People v. Landaverde
Case #: B195340
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/21/2007
Summary

Court’s reliance on aggravating factor admitted by appellant was proper. Appellant was sentenced to the upper term following his conviction for continuous sexual abuse of a child. The trial court cited several aggravating factors justifying the high term, including that appellant carried on the abuse for years, the victim was vulnerable, the manner of the offense indicated premeditation, appellant took advantage of a position of trust, appellant was not remorseful, and the amount of emotional damage to the victim and the family. Appellant argued on appeal that his sentence violated his rights under Blakely because the court relied on factors not found by a jury. The appellate court rejected the argument, finding that a single aggravating circumstance admitted by the defendant was sufficient. Here, appellant admitted to a detective that the abuse carried on for years, so reliance on that factor was appropriate.