THE PEOPLE v. LEON JORDAN
Trial court erred in staying second of two five-year sentence enhancements required by Penal Code Sec. 667(a)(1) for defendant's prior serious felony conviction. Even though defendant failed to object to sentence structure when it was announced by trial court, trial court must restructure sentence where defendant did not agree in plea bargain to condition his waiver of jury trial on court staying sentence enhancement. Trial court did not abuse its discretion in imposing upper term sentence for second degree robbery on basis that numerous aggravating factors, such as prior convictions and indication of serious danger to society, outweighed single mitigating factor of defendant's good performance on parole.
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