Supreme Court of California

Sentence for murder is remanded for resentencing where defendant's Sixth Amendment right to a jury trial was violated and, although harmless error analysis applies to such violations, the error was not harmless beyond a reasonable doubt. Upon remand, the trial court may exercise its discretion to impose any of the three terms available for defendant's offense.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Donna L. Harris, under appointment by the Supreme Court, San Diego, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Kyle S. Brodie, Kristofer Jorstad, Steven D. Matthews, Lance E. Winters, Lawrence M. Daniels, David E. Madeo and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent., Albert C. Locher, Assistant Chief Deputy District Attorney (Sacramento) for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.