P. v. Wilson
A jury convicted defendant of four counts of committing lewd acts with his six year old niece. The sole issue raised in defendants original appeal was whether the trial court abused its discretion in admitting a videotaped police interview of the niece. Court found that the evidence was properly admitted, and affirmed the judgment. Court subsequently granted defendants petition for rehearing to consider the impact of the decision in Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531] (Blakely), upon defendants sentence. In a nonpublished opinion, People v. Wilson (Nov. 24, 2004, A102205) (Wilson I), Court concluded that the principal, upper term sentence of eight years imposed upon defendant for his conviction in count one must be vacated, and the matter returned to the trial court for resentencing. In all other respects, Court affirmed the judgment.
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