P. v. Lammers
A jury convicted defendant Robin Rinaldo Lammers of multiple counts of grand theft and related criminal violations of the Civil Code stemming from the marketing and sale of automobile engine distributorships. The trial court sentenced defendant to five years in prison, which involved the trial courts reliance on aggravating facts so as to impose an upper term and consecutive sentences. On appeal, defendant contended that the trial courts imposition of the upper term violated his state and federal constitutional rights to have his sentence based only on facts found by a jury. (Blakely v. Washington (2004) 542 U.S. 296 (Blakely).) In an opinion filed on January 11, 2007, we affirmed the judgment based upon the then controlling authority. (People v. Black (2005) 35 Cal.4th 1238.) We thereafter granted defendants petition for rehearing to consider the effect of Cunningham v. California 549 U.S.[127 S.Ct. 856] [2007 U.S. LEXIS 1324] (Cunningham). Court reverse the judgment and remand for resentencing.
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