legal news


Register | Forgot Password

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.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale