Reed

Defendant pled guilty to mayhem (Pen. Code, § 203) and was sentenced to the upper term of six years in state prison. On appeal, she contends the trial court erred in citing viciousness as a circumstance in aggravation to support imposition of the upper term. We disagree and affirm.

Factual and Procedural Background

Defendant and her victim became involved in a barroom altercation, which touched off a scuffle over a ring defendant claimed had been stolen from her and given to the victim. In the course of the fight, defendant slashed the victim’s face with a razor-sharp box cutter. The wound extended from the bridge of the victim’s nose down the left side of her face to a point just below the jawline and required 70 stitches for closure. A permanent scar resulted.

Defendant ultimately pled guilty to violation of Penal Code section 203, mayhem.

In imposing the upper term for mayhem, the trial court stated the following on the record: “I am going to impose the higher term because the attack here, the crime, was especially vicious because the Defendant has an extensive previous record for dangerous—for violent criminal acts which clearly manifest dangerousness. She was on…