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IN RE CONSIGLIO

No. D045081.

27 Cal.Rptr.3d 167 (2005)

128 Cal.App.4th 511

In re Sam CONSIGLIO on Habeas Corpus.

Court of Appeals of California, Fourth District, Division 1.

Review Denied July 27, 2005.

Certiorari Denied November 14, 2005.

Attorney(s) appearing for the Case

Sam Consiglio, in pro. per.

John Ward, Los Angeles, under appointment by the Court of Appeal, for Petitioner.

Bill Lockyer, Attorney General, and Lilia E. Garcia, Supervising Deputy Attorney General, for Respondent.

Certiorari Denied November 14, 2005. See 126 S.Ct. 655.

McCONNELL, P.J.

In this case, we reject petitioner's contention the United States Supreme Court's decision in Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (Blakely) applies retroactively to cases that were final when the decision was issued. We also reject petitioner's contention the sentencing judge did not realize he had discretion...

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