People v. Berry

Opinion

ANDREEN, J.

This case presents an appeal of appellant’s resentencing which was ordered by this court in case number 5 Crim. 3867, in an opinion filed January 10, 1979.

The case number 3867 appeal stemmed from imposition of the upper base term (three years) following appellant’s guilty plea to a violation of Vehicle Code section 10851 (unlawful taking of a motor vehicle). Prior to sentencing, the trial court had reviewed a probation report which recommended imposition of the upper term, based on two asserted circumstances in aggravation, to wit, “[t]he defendant has been incarcerated in…