California Court of Appeal

Grant of habeas relief on grounds that Cunningham applied retroactively to defendant's aggravated term sentence for first degree burglary, even though defendant's sentence was final when Cunningham was decided, is reversed where Cunningham does not apply retroactively to sentences for which all avenues of direct appeal have been exhausted.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Tony Rackauckas, District Attorney, Matthew Lockhart, Deputy District Attorney, for Plaintiff and Appellant.


• For Appellees:
  
• Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Respondent.