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P. v. Hernandez CA2/7
Luis Angel Hernandez appeals from the judgment entered after a jury convicted him of second degree robbery and misdemeanor assault. Based on these convictions, the trial court found Hernandez had violated probation imposed in an earlier case for aggravated assault, in which he had received a suspended four-year state prison sentence. The court sentenced Hernandez to the upper term of five years in state prison for the robbery conviction and ordered the revived four-year prison term to run concurrently. Hernandez contends that, in imposing the upper term of five years, the court improperly considered his rejection of a proposed plea agreement with a three-year sentence offered by the People before trial. We affirm.

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