In People v. Cheatham (1979) 23 Cal.3d 829, the Supreme Court upheld the validity of California Rules of Court, rules 421(b) and 423(b), providing for consideration of "facts relating to the defendant" as circumstances in aggravation or mitigation of a crime. ( Id., at p. 836.) Noting that a sentencing court may properly consider all aspects of a probation officer's report, which often includes not only the circumstances surrounding the crime but also the prior history and record of the defendant, the Cheatham court reached the obvious conclusion: "The Legislature intended the sentencing court to consider the defendant's prior history and record . . . in determining whether there are circumstances that justify imposition of the upper or lower term." (Ibid.)