P. v. Roberson
At sentencing, the trial court announced its intention to impose the upper term based on defendants extensive juvenile history with failure after failure after failure of many attempts in juvenile hall correction, [and] his prior offenses as an adult, although fairly minor in nature. After argument, in which the prosecutor noted defendant had somewhere around 15 violations of probation as a juvenile under formal probation, the court did not depart from its intention to impose the upper term. The court stated: Mr. Roberson, I hope you will not follow in your fathers footsteps any further than you have. Probation has offered you every service known to man since June 2001, and it has fallen on deaf ears. [] . . . Based on my earlier comments, for violation of Penal Code 487(c), it is the judgment and sentence of the Court you be sentenced to state prison for the upper term of three years. The judgment is affirmed.
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