P. v. Pacheco
Juan Pacheco appeals from the judgment entered following his conviction by jury on two counts of attempted second degree robbery and two counts of attempted extortion, with findings the offenses were committed for the benefit of, at the direction of or in association with a criminal street gang. Pacheco contends that he was sentenced in violation of his right to jury trial under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court agree with Pacheco and impose a midterm sentence instead of the upper term on one count for a reduction of one year in his aggregate sentence.
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