P. v. Stewart CA3
In exchange for dismissing 24 counts, defendant pleaded no contest to four counts of incest. (Pen. Code, § 285.) The trial court imposed the upper prison term sentence on the principal count. On appeal, defendant first challenges the trial court’s reliance on several aggravating factors in imposing the upper term. He argues the victim was not particularly vulnerable, he did not take advantage of a position of trust, the crime did not involve planning, and he is not a danger to society.
He also contends the abstract of judgment must be corrected to reflect imposition of a one-third the middle term sentence for the subordinate terms. The trial court had imposed the upper term sentence for the subordinate terms but then stayed all but eight months, effectively leaving one-third the middle term for each subordinate term. The People concede error as to the second contention. We will modify the judgment to impose the proper sentence for the subordinate terms, order an amended a
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