P. v. Higgins
A jury found Patricia Higgins guilty of battery with serious bodily injury (Pen. Code, § 243, subd. (d); all statutory references are to this code) and misdemeanor elder abuse (§ 368, subd. (c)). The trial court sentenced Higgins to prison for the upper term of four years.
Higgins contends that her constitutional right to due process was denied because the trial court considered her criminal history during sentencing after making a statement that led her believe it would not do so, and therefore dissuaded her from correcting a purported error in the probation officer's report. We conclude that Higgins's argument is without merit, and accordingly we affirm the judgment
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