California Court of Appeal

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People v. Benitez, C044648

Under Penal Code section 667.61(c)(7), a finding that a defendant is unqualified for probation is not subject to the rule of Blakely v. Washington (2004) 542 U.S. ___ [159 L.Ed.2d 403].

Appellate Information

  • Decided 03/29/2005
  • Published 03/29/2005


  • DAVIS, J.


  • California Court of Appeal


  • For Appellees:
  • Scott Concklin, Redding, 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, Assistant Attorney General, Ray Brosterhous and Jesse N. Witt, Deputy Attorneys General, for Plaintiff and Respondent.
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