California Court of Appeal

Habeas petition filed with court of appeal, after habeas peition was denied by the trial court, is denied over claim that Cunningham v. California (2007) 127 S.Ct. 856, should be applied retroactively to petitioner's upper term sentence, which was imposed after Blakely v. Washington (2004) 542 U.S 296, but was decided before the decision in Cunningham.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• BOREN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Vincent James Oliver for Petitioner Sotero Gomez.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Carl N. Henry, Deputy Attorneys General, for Respondent the People.