People v. Turner

Opinion

BROWN (G. A.), P. J.

Appellant was convicted upon his guilty plea of unlawful sexual intercourse (Pen. Code, § 261, subd. 5). He also admitted a probation violation in another case. Appellant was sentenced to state prison for the upper term of three years in the instant case. On the probation violation, he was sentenced to prison for the term prescribed by law, the sentence to run concurrently with that in the instant case.

Appellant’s sole contention is that the trial court’s failure to state facts and reasons for the imposition of the upper term necessitates resentencing. Respondent…