P. v. Landecho
Defendant pleaded guilty to the following: possession of methamphetamine for sale (Health & Saf. Code, 11378 [count 1]); use of a minor in the commission of count 1 (Health & Saf. Code, 11380 [count 3]); possession of cocaine for sale (Health & Saf. Code, 11351 [count 4]); and use of a minor in commission of count 4 (Health & Saf. Code, 11353 [count 6]). Defendant admitted allegations that the minor used as an agent in the commission of counts 3 and 6 was at least four years younger than defendant (Health & Saf. Code, 11380.1, 11353.1, subd. (a)(3).) Defendant also admitted that he had suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i)) and had served two prior prison terms (Pen. Code, 667.5, subd. (b)). The trial court sentenced him to 15 years and 8 months in state prison. Following his appeal, this court reversed the judgment and remanded for resentencing. The trial court then imposed a prison term of 15 years. Defendant appealed. Relying on People v. Black (2005) 35 Cal.4th 1238 (Black), this court held that the trial court did not err in imposing the upper term and affirmed the judgment. Following the United States Supreme Courts remand to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham), Court reverse and remand for resentencing.
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