P. v. Carlson CA2/6
Scott Britton Carlson appeals from the judgment entered after his conviction by a jury of assault with a deadly weapon (ADW) in violation of Penal Code section 245, subdivision (a)(1). The jury found true an enhancement that he had personally inflicted great bodily injury (GBI). (§ 12022.7, subd. (a).) The trial court sentenced him to an aggregate term of seven years: the four-year upper term for ADW plus three years for the GBI enhancement.
Appellant contends that the trial court violated the prohibition against dual use of facts at sentencing. (§ 1170, subd. (b).) He maintains that, in deciding to deny probation and impose the upper term for ADW, the court erroneously considered the true finding on the GBI enhancement. We affirm.
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