 Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term.In this case, at a post-trial hearing, the judge found by a preponderance of the evidence that Cunningham's victim was particularly vulnerable and that his conduct was violent, making him a danger to the community.The judge then concluded that this aggravating evidence outweighed the fact that Cunningham had no criminal history, and sentenced Cunningham to the high term of 16 years.