PEOPLE v. BLACK

No. S126182.

29 Cal.Rptr.3d 740 (2005)

35 Cal.4th 1238

113 P.3d 534

The PEOPLE, Plaintiff and Respondent, v. Kevin Michael BLACK, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 31, 2005.


Attorney(s) appearing for the Case

Eileen S. Kotler, under appointment by the Supreme Court, Pacifica, for Defendant and Appellant.

Deborah A. Kwast, Public Defender (Orange), Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, and Martin F. Schwarz, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

John T. Philipsborn, San Francisco; and Charles D. Weisselberg, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves and Pamela C. Hamanaka, Assistant Attorneys General, J. Robert Jibson, Judy Kaida, Donald E. De Nicola, Jaime L. Fuster and Lawrence M. Daniels, Deputy Attorneys General, for Plaintiff and Respondent.

David R. LaBahn, George Kennedy, District Attorney (Santa Clara); James P. Fox, District Attorney (San Mateo) and Martin Murray, Assistant District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


GEORGE, C.J.

This case addresses the effect of the decisions of the United States Supreme Court in Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (Blakely) and United States v. Booker (2005) 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (Booker) on California's determinate sentencing law. It presents...

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