What is the test for determining whether a defendant is eligible for an upper term sentence when there is a single aggravating circumstance?

California, United States of America

The following excerpt is from People v. Millsap, F075033 (Cal. App. 2019):

When "selecting one of ... three authorized terms of imprisonment, ... the sentencing judge may consider circumstances in aggravation or mitigation, and any other factor reasonably related to the sentencing decision." (Cal. Rules of Court, rule 4.420(b).) "Circumstances in aggravation include factors relating to the crime and factors relating to the defendant." (Cal. Rules of Court, rule 4.421.) A single aggravating circumstance is sufficient to make a defendant eligible for an upper term and for the trial court to impose an upper term sentence. (People v. Black (2007) 41 Cal.4th 799, 813,

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