P. v. Manuel
Travis Manuel (defendant), appealed from a conviction of mayhem. Defendant contended that the court abused its discretion in sentencing him to the upper term of imprisonment. In an opinion filed June 23, 2004, Court affirmed the judgment, holding that battery with serious bodily injury is a lesser-included offense of mayhem and aggravated mayhem, but the evidence still did not warrant the instruction. Court also held that the court did not err in sentencing.
The trial courts sentence is vacated and the matter remanded for resentencing in accordance with Blakely and Cunningham.
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