 The DSL required judges to impose the middle term unless aggravating factors were found to exist, and those aggravating factors by definition did not include any element of the crime.Thus, the maximum sentence the judge could impose based solely on the jury's findings was the middle term, not the high term.Nevertheless, in "People v. Black", the California Supreme Court held that the DSL survived "Blakely" intact because the DSL merely set forth a sentencing range within which the judge was allowed to exercise his traditional discretion to impose an appropriate sentence.