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  5. 66 Cal.Rptr.3d 603 (2007)
 

PEOPLE v. GRAYSON

No. A114556.

66 Cal.Rptr.3d 603 (2007)

155 Cal.App.4th 1059

The PEOPLE, Plaintiff and Respondent, v. Freddie J. GRAYSON, Defendant and Appellant.

Court of Appeal of California, First District, Division Three.

September 28, 2007.

Attorney(s) appearing for the Case

Roberta Sara Simon, By Appointment of the Court of Appeal Under the First District Appellate Project Assisted Case System, for Appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, for Respondent.

HORNER, J.*

Appellant Freddie J. Grayson appeals a judgment by which he was convicted of robbery (count 1) and attempted robbery (count 2), and sentenced to 5 years and 8 months in state prison. The sole contention on appeal is that the trial court erred by imposing the upper term sentence based on aggravating factors not found to be true by the jury nor admitted by appellant. We affirm...

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