California Court of Appeal

Conviction and sentence for offenses ranging from petty theft to attempted murder that was willful, deliberate and premeditated are affirmed to the extent that imposition of the upper term sentence on assault with a firearm and the enhancement related to that count did not violate defendant's Sixth Amendment right to a jury trial. However, sentence is modified to strike certain firearm enahncements.

Appellate Information

• Decided 07/06/2007
• Published 07/06/2007

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Alan Siraco, Santa Rosa, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr. and Bill Lockyer, Attorneys General, Dane R. Gillette and Robert R. Anderson, Chief Assistant Attorneys General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Tuchin, Lawrence M. Daniels, David A. Wildman, and Donald E. de Nicola, Deputy Attorneys General, for Plaintiff and Respondent.