P. v. Papero
After being charged with five separate sex crimes, defendant Craig John Papero entered into a plea bargain in 2001. He pleaded guilty to one count of sexual intercourse with a minor (Pen. Code, 261.5, subd. (c); all further statutory references are to the Penal Code), one count of oral copulation with a minor ( 288a, subd. (b)(1)), and one count of lewd act upon a 14 or 15-year-old minor ( 288, subd. (c)(1)). In return for his guilty plea, he agreed to probation and a suspended sentence as follows: on the sexual intercourse with a minor count, state prison for the upper term of three years; on the oral copulation with a minor count, a concurrent upper term of three years; on the lewd act, a concurrent upper term of three years.
Almost four years later, defendant violated conditions of his probation, which the court revoked and then imposed the previously suspended three-year prison sentence. It was only after this order was entered and he obtained a certificate of probable cause that defendant filed a notice of appeal. He raises only one issue: the legality of his sentence to the upper terms under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham). The judgment is affirmed.
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