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P. v. Auyon
This matter comes before us for reconsideration, in light of Cunningham v. California (2007) 549 U.S., [127 S.Ct. 856, 868] (Cunningham), of the propriety of the trial courts imposition of the upper term. Court reverse the judgment as to penalty only with directions to conduct a new sentencing hearing or to modify the judgment.

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