P. v. Galicia
In a prior opinion, Court affirmed the conviction of Saturnino Galicia for forcible rape. (Pen. Code, 261, subd. (a)(2).) He contended that the trial court erred by admitting prejudicial evidence of prior sexual offenses and acts of domestic violence. Galicia also contended that his upper term sentence of eight years in state prison for the offense violated his Sixth Amendment right to trial by jury because it "'. . . increases the penalty for a crime beyond the prescribed statutory maximum . . .'" based on aggravating facts that were not determined by the jury. (Blakely v. Washington (2004) 542 U.S. 296, 301; Apprendi v. New Jersey (2000) 530 U.S. 466, 490.) We rejected this latter contention based on the opinion of our Supreme Court in People v. Black (2005) 35 Cal.4th 1238, 1244, 1253-1254, 1261, 1264.) Thereafter, the United States Supreme Court granted Galicia's petition for writ of certiorari, vacated the judgment, and remanded the case for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] which overruled Black, in part. In the instant case, however, the trial court imposed the upper term sentence solely on the basis of Galicia's prior felony conviction. The judgment is affirmed.
Comments on P. v. Galicia