P.v . Ramirez
Defendant Juan Ramirez entered pleas of no contest to three counts of child molestation charged in an amended information in exchange for a stipulated prison term of 8-12 years and dismissal of the original charges. The court sentenced him to the upper term on one count and a two-year consecutive term for each of the other two counts, for a total of 12 years.
On appeal, the defendant contends the trial court did not fulfill its duty to determine a factual basis for the pleas, did not obtain his personal waiver of a probation report, and relied on improper aggravating factors in imposing the upper term. Because Court must remand for resentencing in light of the recent decision in Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] (Cunningham), his claims should be presented to the trial court.
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