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P. v. Leighton
Defendant then filed a petition for writ of certiorari in the United States Supreme Court (docket No. 05-10189). The United States Supreme Court subsequently decided Cunningham, supra, 549 U.S. ___ [166 L.Ed.2d 856] in January of 2007, rejecting the state Supreme Courts reasoning in Black I. The United States Supreme Court granted defendants petition, vacated the judgment of this court, and remanded the cause to us for further consideration in light of Cunningham.
Court have now come full circle. Court hold that defendants sentence violates Blakely, Cunningham and related authority.

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