P. v. Gutierrez CA2/5
****** Valentino Gutierrez (defendant) appeals from the trial court’s judgment executing a previously imposed but suspended upper-term prison sentence of three years. Defendant argues that the upper-term sentence was unlawful because the People neither pled nor proved any aggravating circumstance justifying the upper term. This argument ignores the record, which shows that the People pled, and defendant admitted, an aggravating circumst
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