California Court of Appeal

In a criminal case wherein the court re-imposed an original sentence for prior offenses and added additional term for new offenses, sentence is affirmed over defendant's claims that imposition of the upper term sentence violated his federal constitutional rights under Cunningham v. California 549 U.S. ___ (2007), as there was at least one valid qualifying factor to justify defendant's upper term sentence.

Appellate Information

• Decided 04/18/2008
• Published 04/18/2008

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Torres & Torres, Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Maggy Krell, Deputy Attorney General, for Plaintiff and Respondent.