P. v. Booth
A jury convicted Edward Booth of first degree murder (Pen. Code,[1] 187, subd. (a), 189), two counts of attempted murder ( 187, subd. (a), 664), two counts of assault with a semiautomatic firearm ( 245, subd. (b)), and two counts of criminal threats ( 422). The trial court sentenced Booth to 122 years to life in prison.
Booth appeals, contending that his sentence is invalid because: (i) the sentence with respect to certain of the counts (counts 4 and 7) was computed in violation of the applicable statutes; and (ii) the sentence was enhanced by the trial judge based on factual findings made by the court and not the jury in violation of his constitutional rights as defined in Blakely v. Washington(2004) 542 U.S. 296 (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). As Booth is correct with respect to both of his contentions, Court reverse the judgment and remand for resentencing on the affected counts.
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