P. v. Sladariu
Having obtained a certificate of probable cause (Pen. Code, 1237.5[1]), defendant Cornelius Sladariu appeals his sentence following his no contest plea and conviction of transporting methamphetamine (Health & Saf. Code, 11379), receiving stolen property ( 496), and failing to appear in court ( 1320). Court reject defendants constitutional challenge to his upper term sentence. Court nevertheless remand for resentencing due to improper use of prior prison terms as both aggravating factors and enhancements. The People concede an error in presentence conduct credit.
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