P. v. Hallett
In a prior opinion, we remanded this case for resentencing because the trial court erred by failing to state the basis for its decision to impose the upper term sentence as required by rule 4.420(e) of the California Rules of Court. (People v. Hallett (Aug. 29, 2007, G037505) [nonpub. opn.].) On remand, the trial court selected the upper term sentence, citing defendant Richard Leroy Halletts prior prison terms as the basis for imposing an upper term sentence. The record is not sufficient to support the trial courts determination defendant served a prior prison term other than the one alleged in the charging document and admitted by defendant, and for which the trial court imposed a one year consecutive enhancement sentence. Court therefore again remand to the trial court for resentencing.
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