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Name: People v. Stuart
Case #: C054017
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/24/2008
Summary

One legally sufficient aggravating factor will justify imposition of the upper term even if the trial court does not specifically rely on it as a reason for imposing the upper term. Appellant pled no contest to forcible rape and making criminal threats. The court sentenced him to the upper term for the rape offense, finding the circumstances in mitigation were not outweighed by those in aggravation with the cited factors in aggravation dealing with the offense. In denying probation the court referenced appellant’s six misdemeanor convictions. The appellate court affirmed the sentence, finding that under People v. Black (2007) 41 Cal.4th 799, the “numerous” prior convictions justified the upper term, even though the trial court did not state a reason it imposed the upper term.