California Court of Appeal

Sentence for possession of cocaine is vacated where the imposition of the upper term sentence for that offense based entirely on facts neither admitted by defendant nor found true by the jury beyond a reasonable doubt violated his Sixth Amendment right to a jury trial.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• ZELON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jennifer L. Peabody, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.