P. v. Sanderson
Defendant Richard Lyle Sanderson, Jr. appeals from a sentence imposed by the trial court pursuant to a negotiated plea agreement. He contends that imposition of an upper term violated his Sixth Amendment right to a jury trial. He also argues the trial court erred by using the same aggravating factors to impose upper terms for both his offense and an enhancement. Court find no Sixth Amendment violation, but Court remand for resentencing due to conceded error in the courts dual use of aggravating factors.
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