P. v. Creller
Defendant Tommy Ryan Creller pleaded no contest to numerous charges arising from two violent confrontations with his girlfriend in May 1999 (case No. 62-8604) and July 1999 (case No. 62-9657). He also admitted the additional enhancements that he had committed these offenses while released from custody and had personally inflicted great bodily injury during the July incident. Following his pleas and admissions, the court found unusual circumstances and placed defendant on probation. Over the course of the next two years, defendant admitted four probation violations. Upon his admission of the fourth violation of probation, probation was revoked and defendant was sentenced to an aggregate term of 10 years four months in prison. He appeals the imposition of the upper term on the corporal injury to a cohabitant charge and on the great bodily injury enhancement in case No. 62 9657. Because there were errors in the sentencing procedure, Court remand for resentencing.
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