P. v. Robles
On January 31, 2001, appellant Rogelio Robles was convicted of voluntary manslaughter (Pen. Code, 192, subd. (a).) On March 8, 2001, the trial court sentenced Robles to the aggravated term of 11 years. Following a timely appeal, in an unpublished opinion dated January 22, 2003, this court reversed Robless conviction based on instructional error. Following a retrial, on December 8, 2003, Robles was again convicted by a jury of voluntary manslaughter. On May 5, 2004, the court sentenced Robles to the aggravated term of 11 years. On March 16, 2007, Robles filed a supplemental opening brief, again arguing that under Cunningham the imposition of the aggravated term based on facts not found true by a jury violated his right to jury under the Sixth and Fourteenth Amendments. Robles also contends that California case law and the Fifth Amendments double jeopardy clause require that his aggravated term be reduced to the middle term. Court find that the court committed Blakely error and remand for further proceedings. In all other respects, Court affirm.
Comments on P. v. Robles