California Court of Appeal

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People v. Ayala, H030471

Sentence based on guilty plea to presenting a false or fraudulent insurance claim, attempted grand theft of personal property over $400, and grand theft of personal property over $400, is reversed as to the imposition of an upper term sentence, where, under Cunningham, there was Blakely error that was not harmless beyond a reasonable doubt.

Appellate Information

  • Decided 09/21/2007
  • Published 09/21/2007

Judges

  • DUFFY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Robert Derham (Under appointment by the Court of Appeal), San Anselmo, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Nanette Winaker, Deputy Attorney General, for Plaintiff and Respondent.
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