P. v. Gamboa
Defendant and appellant Ricardo Delarosa Gamboa challenges his sentence after a contested probation revocation hearing because the trial court imposed the upper term based on facts not found by the jury. As discussed below, Court agree that the sentence violates Cunningham v. California (2007) U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham). Therefore, Court remand the matter to the trial court for resentencing.
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