P. v. Tewolde
On February 20, 2007, the United States Supreme Court issued an order in this case granting certiorari, vacating the judgment, and remanding to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham).
Pursuant to this mandate, Court have recalled the remittitur. We have re-examined our initial opinion in this case (People v. Tewolde (Mar. 21, 2005, A106273) [nonpub. opn.]), which remains on file with this court, and which we hereby incorporate by reference into this order.
Court have reconsidered our prior opinion in light of Cunningham, which simply applies Blakely to California sentencing law. Cunningham only confirms the validity of our initial holding. Because Court deem it unnecessary to modify our prior opinion, Court reiterate that opinion in its entirety. (City of Long Beach v. Bozek (1983) 33 Cal.3d 727, 728.).
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