P. v. Graham
Pursuant to a plea bargain, defendant Victor Leonard Graham pleaded no contest to a count of grand theft in exchange for the dismissal of a count of robbery. (Pen. Code, 487, subd. (c), 211.)[1] This plea bargain did not contain any promises as to sentencing; defendant was simply informed that he could receive either probation or a prison term of 16 months, two years or three years (the sentencing triad for grand theft).
The trial judge sentenced defendant to the upper term of three years, based upon defendants (1) ongoing criminal history, (2) numerous prior convictions, and (3) acts of violence and increasing seriousness over the years.
Court agree with the Peoples third point, and affirm the judgment.
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