California Court of Appeal

Sentence for residential burglary is vacated as the trial court erred under Cunningham v. California (2007) 549 U.S. __, 127 S.Ct. 856, in imposing an upper term on one of the four burglary counts.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Mark S. Devore and Mark S. Devore, Irvine, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry J.T. Carlton and Robin Derman, Deputy Attorneys General, for Plaintiff and Respondent.