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P. v. Levine
Defendant Larry Joseph Levine pled no contest to one count of driving under the influence (DUI) with a blood alcohol concentration above 0.08 percent, causing injury, with priors (Veh. Code, 23566, subd. (a), 23153, subd. (b)) and admitted two prior convictions of the same offense (Veh. Code, 23566, subd. (b)). In return, the People agreed to dismiss the charge of driving under the influence, causing injury, with priors (Veh. Code, 23566, subd. (a), 23153, subd. (a)) and allegations of a prior strike as to both counts (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).

The trial court sentenced defendant to four years in state prison, the upper term. The court found three aggravating factors, including numerous prior convictions, a prior prison term, and defendants on-probation status at the time of the offense; the court found no factors in mitigation. Defendant appeals, contending that his sentence violated Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court affirm.

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