Is it improper for the court to rely on the same facts to impose both the upper term and the lower term?

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)

Does a judge improperly rely on the same facts to impose the upper base term and enhancement? (California, United States of America)

Can the trial court improperly use an element of the crime to choose the upper term? (California, United States of America)

What is the test for an abuse of discretion when a trial court elects an atrial court's election of a lower term? (California, United States of America)

How have courts exercised discretion to impose the upper term sentence for abuse of discretion? (California, United States of America)

On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case? (California, United States of America)

What is the test for determining whether a single aggravating factor is sufficient to cause the Court to impose the upper term? (California, United States of America)

Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)

Is there any case law in which a defendant has argued that a sentence imposed by a court was wrong when it imposed a prison term on a convicted rapist? (California, United States of America)

When a defendant is sentenced to a term in county jail under the Realignment Act, can the court suspend execution of the concluding portion of the term for a period selected at the court's discretion? (California, United States of America)