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P. v. Villareal CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and Harrell, J. Defendant Frankie O. Villareal (defendant) contends his sentence must be vacated because the trial court imposed the upper term based on aggravating factors that were not proven in accordance with section 1170, subdivision (b). He argues the matter must be remanded for resentencing or for the trial court to obtain a personal waiver of his right to a jury trial on the ag

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