California Court of Appeal

On remand after vacation of original judgment by U.S. Supreme Court in light of Cunningham, sentence based on escape from custody without force or violence is affirmed where the upper term sentence was appropriate due to defendant's prior criminal record.

Appellate Information

• Decided 09/26/2007
• Published 09/26/2007

Judges

• FLIER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Karyn H. Bucur, under appointment by the Court of Appeal, Laguna Hills, for Defendant and Appellant., Bill Lockyer, Edmund G. Brown Jr., Attorneys General, Robert R. Anderson, Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Kyle S. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.