P. v. Oliva
This appeal involves the propriety of an aggravated sentence -- an additional one year that has already been served -- imposed after a contested probation revocation hearing.
Defendant appeals, challenging the use of the upper term. Court also consider a related petition for writ of habeas corpus. (E040609.) Court conclude the trial court erred in its use of the upper term. But court cannot hold there was ineffective assistance of counsel as urged by defendant because a more favorable outcome was not reasonably probable. Court affirm the judgment on appeal and deny the petition.
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