People v. Dixie

Opinion

SPARKS, J. *

Defendant appeals from the judgment imposed following entry of his guilty plea to violation of Penal Code section 187 (second degree murder) and Penal Code section 12022.5 (use of a firearm in the commission of a felony). Defendant makes the following contentions: (1) The trial court failed to consider his intoxication and the victim’s provocation as factors in mitigation; (2) the trial judge erroneously relied on the violence of the murder to impose the aggravated term; (3) the trial court failed to express any valid reason for imposition of the upper term; (4) the trial…