P. v. Hill
Defendant who is both a college graduate and a veteran of the criminal justice system, contends he was duped into entering a no contest plea to one count of forgery (Pen. Code, 470, subd. (d)) in exchange for the dismissal of four other counts of forgery. He claims his lawyer had assured him he would be placed on probation, but instead he was sentenced to the upper term of three years in state prison. Finding no abuse of discretion, Court affirm the order denying defendants request to withdraw his plea. Court agree with defendant, however, that his aggravated term must be reversed and the case remanded to the trial court for resentencing because Court cannot say the courts judicial fact-finding in violation of the Sixth Amendment is harmless beyond a reasonable doubt.
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