P. v. Anderson
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Following Defendant’s 2009 guilty plea to seven felony counts arising from the theft and use of credit cards and other items, the trial court sentenced Defendant to an aggregate indeterminate state prison term of 35 years to life under the three strikes law. The Second Appellate District rejected Defendant’s challenges to her sentence on appeal. After the Secretary of the California Department of Corrections and Rehabilitation (Secretary) recommended Defendant be resentenced, the trial court resentenced Defendant to an aggregate determinate state prison term of 23 years, four months. On appeal, Defendant contends the trial court erred by failing to strike one of the two 5-year prior serious felony enhancements and by imposing the upper term of six years for first-degree burglary.
The Second Appellate District affirmed. The court held that the trial court did not err by sentencing Defendant pursuant to multiple enhancements. Further, the court found that Defendant forfeited her claim that the upper term is improper. Not only did Defendant fail to object to the court’s imposition of the upper term, but also it was Defendant’s counsel who repeatedly suggested the court sentence Defendant to the upper term on count 3 and sentence Defendant as a second-strike offender but retain one or both of the five-year enhancements on count 3, resulting in a sentence of either 18 years four months or 23 years four months (including the one-third middle term sentence, doubled, on count 4).
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