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P. v. Smith CA1/2
Defendant Michael Jude Smith pled no contest to one count of infliction of corporal injury resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a) ), which arose from an inebriated, violent attack on his girlfriend. Thereafter he was placed on three years’ probation, which was subsequently revoked. He now appeals the resulting judgment imposing an upper prison term of four years for his offense, raising two issues. First, Smith contends the trial court erred prejudicially by failing to order a probation report before revoking his probation and imposing sentence. He also challenges the trial court’s selection of the upper four-year prison term. We reject both arguments and affirm the judgment.

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