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PEOPLE v. BLACK

No. S126182.

62 Cal.Rptr.3d 569 (2007)

41 Cal.4th 799

161 P.3d 1130

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

Supreme Court of California.

July 19, 2007.

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 E. Schwarz, Deputy Public Defender, for Orange County Public Defender's Office as Amicus 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 and Edmund G. Brown, Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, Donald E. De Nicola, Deputy Solicitor General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Pamela C. Hamanaka, Assistant Attorneys General, J. Robert Jibson, Judy Kaida, Jaime L. Fuster, Kristofer Jorstad and Lawrence M. Daniels, Deputy Attorneys General, for Plaintiff and Respondent.

David R. LaBahn, Sacramento, George Kennedy, San Jose, James P. Fox and Martin Murray, Redwood City, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.

GEORGE, C.J.

This case is before us for a second time, after remand from the United States Supreme Court for reconsideration in light of that court's very recent decision in Cunningham v. California (2007) ___ U.S. ___, 127 S.Ct. 856, 166 L.Ed.2d 856 (Cunningham). In Cunningham, the United States Supreme Court, disagreeing with this court's initial decision in this matter (People v. Black (2005) 35 Cal.4th 1238

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