GEORGE, C.J.
We granted review to determine whether defendant's Sixth Amendment rights as defined in Cunningham v. California (2007) ___ U.S. ___, 127 S.Ct. 856, 166 L.Ed.2d 856 (Cunningham) were violated by the imposition of an upper term sentence and, if so, the remedy to which she is entitled. In Cunningham, the United States Supreme Court disagreed with this court's decision in People v. Black (2005)
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