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PEOPLE v. HERNANDEZ

No. C053061.

54 Cal.Rptr.3d 912 (2007)

147 Cal.App.4th 1266

The PEOPLE, Plaintiff and Respondent, v. Francisco Javier HERNANDEZ, Defendant and Appellant.

Court of Appeal of California, Third District.

February 26, 2007.

Attorney(s) appearing for the Case

Barbara Michel, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez and Stephen G. Herndon, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

SCOTLAND, P.J.

The sky is not completely falling in California after Cunningham v. California (2007) ___ U.S. ___, 127 S.Ct. 856, ___ L.Ed.2d ___ (hereafter Cunningham) changed life as we knew it under the determinate sentencing law (DSL). Cunningham did not address consecutive sentences under the DSL, which, as we will explain, can be imposed based on facts found by the...

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