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PEOPLE v. VU

No. G033583.

21 Cal.Rptr.3d 844 (2004)

The PEOPLE, Plaintiff and Respondent, v. Vinh Quang VU, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Granted February 16, 2005.

Attorney(s) appearing for the Case

Kevin D. Sheehy, under appointment by the Court of Appeal, Santa Monica, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, David Delgado-Rucci and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'LEARY, Acting P.J.

Vinh Quang Vu appeals from a judgment after a jury convicted him of unlawfully taking a vehicle, forgery, theft of an access card with the intent to defraud, and second degree commercial burglary. Relying on Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. 2531 (Blakely), Vu argues the trial court erred by imposing the upper term of three years on the unlawful taking count. Specifically...

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