P. v. Poteate
The United States Supreme Court has remanded this case to us with directions to reconsider our decision in light of Cunningham v. California (2007) U.S. [127 S.Ct. 856]. Both parties have submitted formal briefs that discuss Cunningham. In addition, both parties have submitted letter briefs that discuss the California Supreme Courts recent decision in People v. Sandoval(2007) 41 Cal.4th 825. The parties agree that under Sandoval, this case must be remanded to the trial court for a new sentencing hearing. Court agree.
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