ROBIE, J.
Pursuant to a negotiated agreement, defendant Shawn Ransom Stuart pled no contest to forcible rape and making criminal threats. The trial court imposed the upper term of eight years for the rape based on its finding that "the circumstances in mitigation are not outweighed by those in aggravation, ... including the following, the crime involved great violence, great bodily injury with the threat of great bodily injury; defendant used or was armed with a weapon...
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