P. v. White
Ulrick K. White appeals a judgment following his conviction, after trial by jury, of forcible rape (Pen. Code, 261, subd. (a)(2)) and false imprisonment ( 236). We conclude, among other things, that the trial court did not err by admitting a tape recording of a 911 call, but it erred by imposing the upper term for the rape conviction by relying on sentencing factors which were not tried by a jury. (Cunningham v. California(2007) 549 U. S. [127 S.Ct. 856].) Court vacate the sentence and remand for resentencing. In all other respects, the judgment is affirmed.
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