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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
AMAN MELLES,
Defendant and Appellant.
A111523
(AlamedaCounty
Super. Ct. No. C146509)
Pursuant to a negotiated plea agreement, defendant Aman Melles pleaded no contest to a charge of felony petty theft with a prior and, in exchange, received a promise that three prior felony convictions would be stricken â€
Description
Pursuant to a negotiated plea agreement, defendant pleaded no contest to a charge of felony petty theft with a prior and, in exchange, received a promise that three prior felony convictions would be stricken "for sentencing purposes" and that he would be placed on probation. The court granted probation, but after defendant violated the terms of his probation, probation was revoked and defendant was sentenced to the upper term of three years in state prison. Defendant argues three sentencing errors on appeal: (1) that the aggravating factors cited by the trial court when it imposed the upper term were not supported by substantial evidence; (2) that the trial court breached the terms of the plea agreement when it cited the three prior felony convictions as factors in aggravation supporting imposition of the upper term; and (3) that the imposition of the upper term violated the Sixth and Fourteenth Amendments of the United States Constitution pursuant to Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Court reject defendant's arguments, and affirm.
