Hubbell

Pursuant to a plea bargain, defendant entered a plea of guilty to kidnaping. (Pen. Code, § 207.) His appeal attacks the sentence imposed on the judgment of conviction; he asserts the court erred in sentencing him to the upper term.

*255 I

Initially, defendant contends the sentencing court erred in considering his juvenile record as a circumstance in aggravation. Since the purpose behind the juvenile system is rehabilitation, not punishment and since defendant was not afforded a jury trial in his juvenile adjudication, defendant contends he is improperly being punished for acts he committed as a juvenile. As we shall explain, this contention is meritless.

Defendant is not being punished for the crime he committed as a juvenile. 1 The sentencing court properly considered his juvenile record in making its determination on the appropriate punishment for the charge to which defendant entered a plea of guilty. In People v. Cheatham (1979) 23 Cal.3d 829 [ 153 Cal.Rptr. 585 , 591 P.2d 1237 ], the Supreme Court upheld the validity of California Rules of Court, rules 421(b) and 423(b), providing for consideration of “facts relating to the defendant” as circumstances in…