California Court of Appeal

Sentence based on conviction for second degree robbery is reversed where the trial court erred in imposing the upper term sentence based on facts not found by the jury beyond a reasonable doubt in violation of Cunningham v. California.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• JOHNSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert H. Pourvali, Calabasas, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.