P. v. Roberts
After defendant Marcus Lee Roberts entered a guilty plea to two counts of child molestation (Pen. Code, 288, subd. (a)) with an express waiver of his rights under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403], the trial court denied probation and sentenced him to state prison for the aggravated term of eight years plus a consecutive two-year term. In a previous appeal, this court vacated the sentence and denial of probation, and remanded for a new probation and sentencing hearing. (People v. Roberts (Mar. 15, 2006, C049129) [nonpub. opn.] (Roberts I).) On remand, the trial court conducted a new probation and sentencing hearing, after which it again denied probation and imposed the same aggregate prison term of 10 years. Defendant again claims on appeal that the trial court abused its discretion by imposing a prison term instead of probation. In the alternative, he asserts that the trial court abused its discretion by imposing the upper term. Court reject both contentions and affirm.
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