P. v. Musharbash
Joseph Musharbash appealed from the judgment entered following a jury trial in which he was convicted of four counts of grand theft of personal property (Pen. Code, 487, subd. (a)) and four counts of second degree commercial burglary (Pen. Code, 459). Sentenced to prison for a total of three years, he contended the jury did not make the factual determinations necessary to impose the upper term. In an opinion filed April 18, 2005, we affirmed the conviction but reversed the sentence and remanded the matter for resentencing. Thereafter, a petition for review in the Supreme Court of California was granted and the matter was transferred to this court with directions to vacate our decision and to reconsider the cause in light of People v. Black (2005) 35 Cal.4th 1238. On October 20, 2005, Court filed an opinion finding no constitutional error in sentencing in light of that case.
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