Lozano

This is one of many appeals raising issues concerning the effect of trial court error in basing an upper term sentence, in part, on non-recidivist facts not submitted to a jury or admitted by the defendant. Following United States Supreme Court precedent, we conclude that such error is tested under the harmless beyond a reasonable doubt standard of Chapman v. California (1967) 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 , and, so considered, is harmless in this case because the pertinent facts are supported by uncontested evidence at trial, and no other reasonable conclusion may be drawn but that they were committed in the course of the criminal conduct. Accordingly, we affirm the trial court judgment.

On November 6, 2005, Gadis Villalobos attended a party with a friend on 260th Street in Los Angeles. Appellant was also in attendance and after leaving for a while was not allowed to reenter. Appellant argued with the person who refused to allow him in and then apologized.

A short time later, Mr. Villalobos heard his car alarm. When he went outside, he saw appellant "carving something into [his] car." Appellant slashed the car's tires and told Mr. Villalobos he…