Grayson

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1061 OPINION Appellant Freddie J. Grayson appeals a judgment by which he was convicted of robbery (count 1) and attempted robbery (count 2), and *Page 1062 sentenced to five years eight months in state prison. The sole contention on appeal is that the trial court erred by imposing the upper term sentence based on aggravating factors not found to be true by the jury nor admitted by appellant. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On August 18, 2005, appellant was charged by information with (1) second degree robbery of Maria Mercado (count 1), (2) attempted second degree robbery of Anastacia Managbanag (count 2), (3) second degree robbery of Gale Lara (count 3), and (4) receiving stolen property (count 4). The information further alleged that Mercado was over 65 years old, and that appellant knew or reasonably should have known that fact. The charges and allegation stemmed from events occurring in Hayward on…