California Court of Appeal

Defendant's sentence for a carjacking conviction is reversed where the trial court committed Apprendi-Blakely error when the judge, rather than a jury, found "circumstances in aggravation," and on that basis imposed the upper term on the carjacking count.

Appellate Information

• Decided 11/16/2004
• Published 11/16/2004

Judges

• JOHNSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Sylvia Baiz, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent.