P. v. Ceniceros
Convicted of a number of residential burglaries (Pen. Code, 459), forgery of a check (Pen. Code, 470, subd. (d)), possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), and misdemeanor elder theft (Pen. Code, 368, subd. (d)),[1]defendant Johanna Ceniceros appeals her convictions and the sentence imposed. She contends the trial court erred in declaring a witness unavailable because of infirmity or illness and raises various claims of sentencing error. On February 20, 2007, the United States Supreme Court, having granted a petition for writ of certiorari, vacated the judgment of this court and remanded the case to us for further consideration in light of Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court directed the parties to submit supplemental letter briefs, discussing Cunningham issues only. Having further considered the case in light of Cunningham, the convictions are affirmed but the matter is remanded to the trial court for correction of sentencing errors.
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