P. v. Spate CA5
-ooOoo- * Before Detjen, Acting P. J., Meehan, J. and DeSantos, J. Defendant Mariah Lyn Spate contends on appeal that the sentence must be vacated and the matter remanded for resentencing because defense counsel provided ineffective assistance by failing to object when the trial court relied on an unproven aggravating factor and failed to consider mitigating factors when it imposed the midterm for count 6 and the upper term for the fire
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