P. v. Singh
Defendant Gurshinder Bains Singh entered a negotiated plea of no contest to resisting an officer by the use of force or violence (Pen. Code, § 69; count 2) in exchange for dismissal of the remaining counts. Count 1 (battery on an officer; Pen. Code, § 243, subd. (c)(2)) was dismissed with a Harvey waiver.[1] The court denied probation and sentenced defendant to county jail for the upper term of three years.
Defendant appeals, contending the trial court abused its discretion in denying probation and in imposing the upper term. We will affirm.
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