California Court of Appeal

Conviction and sentence for several offenses arising from the sexual abuse of defendant's stepdaughter is affirmed over a claim that the imposition of the upper term sentence for one of his offenses violated his federal due process and jury trial rights under Cunningham v. California, 549 U.S. ___ (2007), Blakely v. Washington, 542 U.S. 296 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000).

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, and Stan Cross and Susan Ranking Bunting, Deputy Attorneys General, for Plaintiff and Respondent.