Klaess

Defendant appeals from the judgment imposing an aggravated prison term following a negotiated plea of guilty to the crime of accessory after the fact to murder. (Pen. Code, § 32.) Two counts charging defendant with murder, each with three special circumstances allegations, were dismissed as part of the plea bargain.

Defendant makes two contentions: (1) the trial court’s use of facts concerning the two dismissed murder counts violated the principle enunciated in People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ]; and (2) the trial court was prejudiced in passing sentence on defendant. We shall affirm the judgment.

As part of the plea bargain, judgment and sentence was delayed pending defendant’s full and complete testimony in the murder trial of Luis Rodriquez with whom defendant had been jointly charged with the two counts of murder since dismissed as to her. Consummation of the plea bargain was deferred until Rodriquez’s trial ended.

Defendant came on for judgment and sentence April 10, 1981. Numerous character witnesses testified for defendant and her counsel was heard in her behalf. The trial court sentenced defendant to the upper term of…