What is the aggravating factor when a defendant is convicted of possession for sale of marijuana for the purpose of burglary?

The other aggravating factor the court relied on was defendant's prior performance on probation. This was based, it appears, on the court's understanding that defendant committed the burglary (case No. 11F04884) while on probation for possession for sale (case No. 10F08462). However, defendant committed the burglary (case No. 11F04884) on June 17, 2010, but did not possess marijuana for the purpose of sale until December 22, 2010 (case No. 10F08426). Thus, defendant had already committed the charged burglary when he was granted probation in case No. 10F08426 on January 5, 2011. Accordingly, the trial court abused its discretion when it relied on commission of the burglary as an aggravating factor. (People v. Cluff (2001) 87 Cal.App.4th 991, 998

Page 6