P. v. OBryan
Gary Lee OBryan was sentenced to six years in prison following his conviction for lewd and lascivious conduct with a child under the age of 14 years and failure to register as a sex offender. He argues the court failed to justify imposition of the upper term on his lewd and lascivious conduct conviction. Because the record shows that six years is actually the mid-term sentence and is the sentence selected by the trial court, we direct that the abstract of judgment be amended. Court also direct that the abstract of judgment be amended to properly reflect the sentence imposed for OBryans failure to register. OBryan also contends that the trial court abused its discretion when it declined to strike sentencing enhancements for his prior criminal convictions, and that his sentence was constitutionally excessive and disproportionate. Court disagree with these arguments and affirm with directions to modify the abstract of judgment.
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