When will a judge base an upper term sentence on a vulnerability finding and violation of a protective order?

addition to the vulnerability finding, the court cited Rivera's unsatisfactory performance on probation and the violation of the protective order as a basis for imposing the upper term. A single factor in aggravation will support imposition of an upper term. (People v. Osband (1996) 13 Cal.4th 622, 730.) A judge's discretion to identify aggravating factors in a case is guided by only by the requirement the factors be "reasonably related to the decision being made." (Cal. Rules of Court, rule 4.408(a).) Under the California scheme, a judge is free to base an upper term sentence on any aggravating factor the judge deems significant, subject to specific prohibitions on double use of aggravating factors that constitute elements of the crime or an enhancement.