What is the record of a defendant on probation for the violation of the Sixth Amendment?

Defendant did not object to the probation report, therefore we presume it accurately states his criminal history. (See People v. Evans (1983) 141 Cal.App.3d 1019, 1021.) Defendant was born in July 1982. At age 12, he committed an attempted robbery and misdemeanor battery in one case and forcible oral copulation in another; at 16, he possessed cocaine; at 20, he coerced minor girls into prostitution and was sent to prison for pimping.

The trial court in part relied on defendant's adult and juvenile criminal record to impose the upper term. Defendant concedes this circumstance undermines his claim of a Sixth Amendment violation under precedent we, as an intermediate appellate court, are bound to follow (People v. Black (2007) 41 Cal.4th 799), but he seeks to preserve his claim for federal review. Accordingly, we reject his claim.