P. v. Burks
Following revocation of defendants probation for a 2004 drug possession for sale conviction,[1]the sentencing court imposed the upper term of 5 years in prison. Defendant here contends, inter alia, that the trial court relied on improper factors in imposing an aggravated sentence. We agree that the trial courts reliance on all the factors related to the crime itself were improper; we also conclude that its reliance on the remaining factor was improper because it is not supported by the record. Therefore, Court remand the matter for resentencing.
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