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BARRAGAN v. SUPERIOR COURT

No. C054719.

56 Cal.Rptr.3d 660 (2007)

148 Cal.App.4th 1478

Alejandro Quinones BARRAGAN, Petitioner, v. The SUPERIOR COURT of Yolo County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Third District.

March 28, 2007.

Attorney(s) appearing for the Case

Barry Melton, Public Defender, Jessie Morris, Jr., Chief Deputy Public Defender, Sally Frederieksen and Keri Goodrow, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Clayton S. Tanaka, Deputy Attorneys General, for Real Party in Interest.

SCOTLAND, P.J.

After the United States Supreme Court pulled the plug on California's determinate sentencing law to the extent it had allowed imposition of the upper term based upon certain aggravating facts found by the trial judge, not the jury (Cunningham, v. California (2007) ___ U.S. ___, 127 S.Ct. 856, 166 L.Ed.2d 856) (hereafter Cunningham), trial courts have scrambled to determine how to apply that...

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