P. v. Stubbs
In an earlier opinion (People v. Stubbs (Sept. 15, 2005, G032482) [nonpub. opn.]), we affirmed Tony Stubbss convictions on two counts of carjacking (Pen. Code, 215, subd. (a)), but accepted the Attorney Generals concession and reversed a finding that defendant suffered a strike under the Three Strikes law for a prior juvenile delinquency adjudication for carjacking in 1996. The prosecutor elected not to retry defendant on the prior conviction allegation, and the trial court resentenced defendant on January 6, 2006. As it had at the original sentencing, the court imposed the upper nine-year term for carjacking on count one, citing several aggravating factors relating to defendant and the crime. (Cal. Rules of Court, rule 4.421(b)(1) [defendant engaged in violent conduct indicating a serious danger to society]; rule 4.421(b)(2) [defendants prior convictions as an adult or sustained petitions in juvenile delinquency proceedings are numerous or of increasing seriousness]; rule 4.421(a)(1) [crime involved threat of great bodily harm or other acts disclosing a high degree of cruelty, viciousness, or callousness].) The court added a consecutive 20 month term for count 2.
Defendant did not object in the trial court, and does not argue here, that the trial courts finding concerning his criminal history was factually inadequate. Consequently, the trial courts imposition of the upper term for count 1 did not violate Cunningham. Judgment affirmed.
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