P. v. Martinez
On February 20, 2007, the United States Supreme Court issued an order in this case granting certiorari, vacating the judgment, and remanding to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham).
Cunningham applies Blakely to California sentencing law, and only confirms the validity of our initial holding. Because we deem it unnecessary to modify our prior opinion, Court reiterate that opinion in its entirety. (City of Long Beach v. Bozek (1983) 33 Cal.3d 727, 728.)[1]
Let the remittitur issue forthwith and the case is hereby sent back for resentencing.
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