P. v. Campbell
Filed 5/16/06 P. v. Campbell CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JIM RAY CAMPBELL, Defendant and Appellant. | G035610 (Super. Ct. No. 03NF1018) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Jr., Judge. Affirmed.
Jennevee H. DeGuzman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Jeffrey J. Koch, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant was sentenced to the upper term for auto theft, and consecutive terms for receiving stolen property and drug possession. He contends his sentence violates Blakely v. Washington (2004) 542 U.S. 296 because the trial court, using the preponderance-of-the-evidence standard, made the factual findings upon which his sentence was predicated. He argues a jury should have made those findings, using the beyond-a-reasonable-doubt standard. However, he admits the California Supreme Court recently rejected this argument in People v. Black (2005) 35 Cal.4th 1238. Although still alive at the federal level (see People v. Cunningham (Apr. 18, 2005, A103501) [nonpub. opn.] cert. granted sub nom. Cunningham v. California, Feb. 21, 2006, No. 05-6551, __ U.S. __), the issue of whether Blakely applies to California's sentencing law has been put to rest in our state court system by Black. Under the doctrine of stare decisis we are required to follow Black and uphold appellant's sentence. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.)
The judgment is affirmed.
BEDSWORTH, ACTING P. J.
WE CONCUR:
O'LEARY, J.
MOORE, J.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by San Diego County Apartment Manager Lawyers.