PEOPLE v. SANDOVAL

No. S148917.

62 Cal.Rptr.3d 588 (2007)

41 Cal.4th 825

161 P.3d 1146

The PEOPLE, Plaintiff and Respondent, v. Aida SANDOVAL, Defendant and Appellant.

Supreme Court of California.

July 19, 2007.


Attorney(s) appearing for the Case

Donna L. Harris, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Kyle S. Brodie, Kristofer Jorstad, Steven D. Matthews, Lance E. Winters, Lawrence M. Daniels, David E. Madeo and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

Albert C. Locher, Assistant Chief Deputy District Attorney (Sacramento) for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


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) 35 Cal.4th 1238...

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