California Court of Appeal

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PEOPLE v. EMERSON, C045613

Defendant's upper term sentence for driving under the influence of alcohol is affirmed where the failure to raise in the trial court an Apprendi/Blakely objection to imposition of the upper term forfeits his rights to challenge the sentence on appeal.

Appellate Information

  • Decided 11/18/2004
  • Published 11/18/2004

Judges

  • HULL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Richard J. Krech, Oakland, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Jane N. Kirkland and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.
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