Miranda

—Charged with murder, appellant Gloria Miranda pleaded guilty in municipal court to involuntary manslaughter. (Pen. Code, §§ 192, subd. (b), 859a.) In superior court she was sentenced to an upper *1002 term of four years in the state prison. Her appeal is limited to a ground occurring after the entry of the plea which does not challenge the validity of the plea (Cal. Rules of Court, rule 31(d)), namely, that the sentencing court erred in selecting the upper term of imprisonment.

The victim in this case was a nine-month-old baby boy, Juan Dominguez, appellant’s nephew who had been entrusted to her care. Since a plea was negotiated in municipal court, there was no preliminary hearing or trial to develop the applicable facts. The sentencing court considered the probation officer’s report, the report of a social worker who investigated the incident, a coroner’s autopsy report and photographs, and testimony at the sentencing hearing by the social worker, the investigating deputy sheriff, and the infant’s mother, appellant’s sister-in-law.

The child died from multiple head injuries due to blunt force injury to the head. Other significant conditions included thermal bums and a…