IN RE GOMEZ

No. B197980.

64 Cal.Rptr.3d 281 (2007)

153 Cal.App.4th 1516

In re Sotero GOMEZ, on Habeas Corpus.

Court of Appeal of California, Second District, Division Two.

August 7, 2007.


Attorney(s) appearing for the Case

Vincent James Oliver for Petitioner Sotero Gomez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Carl N. Henry, Deputy Attorneys General, for Respondent the People.


BOREN, P.J.

In Apprendi v. New Jersey (2000) 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (Apprendi), the United States Supreme Court held that "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." In Blakely v. Washington (2004) 542 U.S. 296

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