P. v. Strong
David L. Strong (defendant) pleaded guilty to one count of felony brandishing for the benefit of a criminal gang (Pen. Code, 417, subd. (a)(2); 186.22, subd. (d)). He waived his right to appeal except for sentencing error. He also waived the possibility of a misdemeanor disposition, the right to a jury trial on sentencing factors, and the right not to have dismissed counts considered at sentencing. In accordance with the terms of the plea the court dismissed the remaining counts of assault with a firearm ( 245, subd. (a)(2)) with an allegation of personal firearm use ( 1192.7, subd. (c)(8); 12022.5, subds. (a) & (d)) and being an accessory after the fact to an assault with a deadly weapon ( 32). The sentence was left open to the court, and it imposed the upper term of three years.
Defendants sole contention on appeal is that the court abused its discretion in imposing the upper term. Court find that the selection and imposition of the upper term was within the courts discretion, and affirm the judgment.
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