P. v. Reed
Our opinion in this case was originally filed on August 25, 2006. The California Supreme Court denied review. The United States Supreme Court granted certiorari. On April 4, 2007, it vacated the judgment and remanded the case to us for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham).
Involved in an altercation with a former girlfriend, defendant Jackie Ray Reed appeals from a conviction of inflicting corporal injury on a former cohabitant. Defendant argues that there was insufficient evidence to establish that he was a former cohabitant of the victim. We conclude that the evidence was sufficient to establish that defendant and his victim were former cohabitants. Our discussion of this issue is the same as in our original opinion.
Defendant also argues that, in imposing the upper term, the court erred under Blakely v. Washington (2004) 542 U.S. 296 (Blakely) as applied in Cunningham. Having considered the case in light of Cunningham, Court conclude that the sentence was proper. Any sentencing error under Cunningham or Blakely was harmless. Court affirm the judgment.
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