People v. Williams

Appellant was convicted upon his guilty plea of robbery (Pen. Code, § 211) with a prior prison term (Pen. Code, § 667.5, subd. (b)). As part of a plea bargain, two other alleged priors and separate robbery and burglary charges were dismissed. Appellant’s notice of appeal reflects that it is based solely on grounds occurring after entry of his guilty plea.

Aggravation—Personal Background Factors

Appellant first contends that the trial court erred in imposing an aggravated base prison term based on personal background factors. People v. Cheatham (1979) 23 Cal.3d 829 [ 153 Cal.Rptr. 585 , 591 P.2d 1237 ] disposes of this issue adverse to appellant’s contention.

Aggravation—Due Process

Appellant contends that Penal Code section 1170, subdivision (b), violates due process because it deprives the defendant of the right to jury trial and proof beyond a reasonable doubt as to circumstances in aggravation. People v. Betterton (1979) 93 Cal.App.3d 406 [ 155 Cal.Rptr. 537 ] disposes of this contention. (See also People v. Nelson (1978) 85 Cal.App.3d 99 [ 149 Cal.Rptr. 177 ].)

Aggravation —Reliance on Arrests

Appellant contends that resentencing is required because the trial…