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P. v. Golab
Defendant Stanley Golab admitted twice violating Proposition 36 probation. The trial court found him unamenable to drug treatment and sentenced him to nine years in state prison. Defendant appeals, contending: (1) there was insufficient evidence to support the finding he was unamenable to treatment; (2) imposition of the upper term was based on dual use of facts and failure to take into consideration mitigating factors; and (3) the upper term violated defendants Sixth and Fourteenth Amendment rights under the United States Constitution. Court affirm the judgment.

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