If defense counsel had objected to the upper term of imprisonment, would the court have chosen to impose the lower term?

California, United States of America


The following excerpt is from People v. Johnson, D074305 (Cal. App. 2019):

It is thus clear that the trial court properly relied on multiple relevant factors in aggravation, any one of which could have supported the trial court's imposition of the upper term. For this reason, we cannot conclude that if defense counsel had objected, the court would have chosen to impose a lesser term of imprisonment. (People v. Osband (1996) 13 Cal.4th 622, 728 [a single aggravating factor will support imposition of an upper term].) Defense counsel could have reasonably determined, as we have, that multiple aggravating factors on which the court relied were proper, and thus, that it would

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