Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed?

Defendant argues that the "ONLY circumstances in aggravation listed in both the probation report and the prosecution's sentencing memorandum submitted by the district attorney are inapplicable in this case as they all involve dual use of facts." Defendant is correct that both the probation report and the prosecution listed as circumstances in aggravation the facts that the crime involved great bodily injury (Cal. Rules of Court, rule 4.421(a)(1)) and that defendant used a weapon (Cal. Rules of Court, rule 4.421(a)(2)). On appeal, the Attorney General concedes that these facts could not be used to support selection of the upper term or a consecutive term because defendant was separately sentenced on those enhancements. Defendant's argument ignores, however, the other facts discussed in the prosecutor's sentencing memorandum which are sufficient to support the sentence imposed. (People v. Osband, supra, 13 Cal.4th 622, 728-729 ["Only

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