P. v. Hallett
Defendant Richard Leroy Hallett was placed on probation after he pleaded guilty to possession of methamphetamine and unauthorized possession of a hypodermic needle or syringe, and admitted he suffered a prior conviction for which he served a prison term. The terms of defendants probation included that he [v]iolate no law. While on probation, defendant was arrested for burglary. The trial court concluded that defendant violated the terms of his probation, and imposed sentence on the methamphetamine related offenses.
Defendant contends the trial court erred by imposing the upper term sentence for the possession of methamphetamine offense based on a fact not admitted or found true by a jury beyond a reasonable doubt. We do not reach this issue because the court erred by failing to state the basis for its decision to impose the upper term sentence as required by rule 4.420(e) of the California Rules of Court. In addition, the trial court could not use the probation for the possession of methamphetamine offense as a reason to impose the upper term after revocation of that same probation. Court therefore remand to the trial court for resentencing, and otherwise affirm the judgment.
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