California Court of Appeal

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People v. Martinez, C055549

54-year 8-month to life sentence for torture, rape, assault and other crimes is affirmed where: 1) defendant had no right to a jury trial on the factors used to impose consecutive sentences; and 2) the trial court's selection of the upper term on stayed counts is supported by at least one aggravating factor that the jury would have found true beyond a reasonable doubt.

Appellate Information

  • Decided 09/23/2008
  • Published 09/23/2008

Judges

  • MORRISON, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Jeffrey S. Kross, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez and Christina Hitomi, Deputy Attorneys General, for Defendant and Appellant.
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