People v. Franklin CA3

BACKGROUND

In January 2023, defendant pleaded no contest to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). As part of the plea agreement, defendant acknowledged that the trial court could not impose a sentence exceeding the middle term unless aggravating factors justified the upper term. Defendant waived his right to a jury or court trial where any facts underlying an aggravating factor must be proven beyond a reasonable doubt. Defendant agreed that the trial court could find aggravating factors based on the probable cause declaration and police reports, and acknowledged that the trial court could impose the lower, middle, or upper term. Defendant also agreed that if he believed the summary in the probation report was incomplete or incorrect, he could submit additional portions from the probable cause declaration and police reports. A presentencing probation report stated that defendant had 12 prior felony convictions and 12 prior misdemeanor convictions. The probation report also stated that defendant served prior prison terms in 1977, 1983, 1999, 2005, 2011, 2018, and 2020. The probation report listed the following aggravating factors: (1)…