P. v. Calixio
On June 6, 2004, appellant Pedro Ramirez Calixio fatally stabbed Luis Fernando Carrillo. Appellant was convicted after jury trial of voluntary manslaughter as a lesser included offense to the charged crime of murder; the jury found true a special allegation that he personally used a knife in the commission of the homicide. (Pen. Code, 192, subd. (a), 12022, subd. (b)(1).) Appellant was sentenced to 12 years imprisonment, calculated as the upper term of 11 years for manslaughter plus a consecutive one-year term for the weapon use enhancement.
Appellant argues that the court prejudicially erred by admitting a prior spousal battery conviction as impeachment evidence. He also raises a Blakely challenge to judicial selection of the upper term. Our original opinion in this matter was filed prior to issuance of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham).) Therein, we rejected both of appellants arguments and affirmed. Our Supreme Court vacated the judgment and remanded the case for further consideration in light of Cunningham. Court have determined that prejudicial sentencing error occurred.
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