P. v. Marchand
In a prior appeal, we affirmed the conviction of appellant, Keith Rene Marchand, for unlawfully driving and taking a vehicle, and evading an officer in disregard for the safety of others. (Veh. Code, 2800.2, subd. (a), 10851, subd. (a).) We remanded the matter for a determination of whether his prior Nevada robbery conviction qualifies as a "strike" under California's Three Strikes law. (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court found that the Nevada robbery qualifies as a strike and resentenced Marchand accordingly. Marchand appeals. Marchand also contends that the court improperly sentenced him to the upper term without a jury. The United States Supreme Court granted Marchand's petition for writ of certiorari, vacated the judgment, and remanded the case for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] overruling People v. Black (2005) 35 Cal.4th 1238 in part. Court once again affirm, but remand for resentencing in light of Cunningham.
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