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P. v. Gibson CA1/1
After defendant Andrew Charles Lee Gibson pleaded no contest to elder abuse (Pen. Code, § 368, subd. (b)(1)), the trial court suspended imposition of sentence and placed him on three years of formal probation on the condition he serve 240 days in the county jail. After he was released from jail, the trial court revoked probation and sentenced him to the upper term of four years. Defendant appeals from the court’s imposition of the upper term.

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