P. v. Smith
A criminal law decision regading sale of cocaine base, and sale of a substance falsely represented to be cocaine base with a prior strike conviction for robbery.
Defendant admitted violating probation and ordered to his previously suspended sentence of three years in prison with a 600 day custody credit. On appeal, defendant contends that his sentence must be reversed because the aggravating factor used as a basis to impose the upper term was not determined by a jury as required. Judgment Affirmed.
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