P. v. Hicks
Defendant and appellant David Hicks appeals from the judgment entered following a jury trial that resulted in his convictions for carjacking and unlawfully driving or taking a vehicle. Hicks was sentenced to 10 years in prison. In our original nonpublished opinion, filed November 3, 2005, we affirmed Hickss convictions and ordered his sentence modified to impose a 10-year Penal Code section 12022.53, subdivision (b) firearm enhancement. (People v. Hicks (Nov. 3, 2005, B178886, [nonpub. opn.].)
On February 20, 2007, the United States Supreme Court vacated the judgment and remanded to us for further consideration in light of Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856, 127 S.Ct. 856].) Court requested and received further briefing from the parties on the effect of Cunningham on Hickss sentence. Court now affirm Hickss convictions, but order the sentence vacated in light of Cunningham. Accordingly, Court remand to the trial court for resentencing.
The sentence is vacated and the matter is remanded for resentencing. In all other respects, the judgment is affirmed.
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