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PEOPLE v. TOWNE

No. S125677.

44 Cal.4th 63 (2008)

THE PEOPLE, Plaintiff and Respondent, v. SHAWN TOWNE, Defendant and Appellant.

Supreme Court of California.

June 26, 2008.

Attorney(s) appearing for the Case

Suzan E. Hier, under appointment by the Supreme Court, for Defendant and Appellant.

John T. Philipsborn 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 State Solicitor General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster, Lawrence M. Daniels, Kristofer Jorstad and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GEORGE, C. J.

Defendant Shawn Towne was charged with multiple offenses ranging from kidnapping and robbery to "joyriding," but was convicted of only the last offense. He contends that imposition of the upper term sentence on that offense violated his Sixth Amendment right to a jury trial on facts that were used to increase his sentence above the statutory maximum, as that right has been interpreted in Cunningham v. California...

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