California Court of Appeal

In a conviction for murder, the sentence imposed for defendant's conviction for attempting to dissuade a witness from testifying is vacated and remanded for resentencing, as the trial court erred in imposing a sentence of seven years to life pursuant to Penal Code section 186.22(b)(4)(C) because the section did not apply to the crime of which defendant was convicted and because the sentence was based on a fact not found true by the jury.

Appellate Information

• Decided 08/22/2012
• Published 08/22/2012

Judges

• Cornell

Court

• California Court of Appeal

Counsel