P. v. Holguin
Oscar Daniel Holguin appealed from the judgment following his conviction by a jury of possession of a controlled substance, second degree burglary, forgery and forgery-related offenses with court findings he had served four separate prison terms for a felony. The trial court sentenced him to an aggregate term of seven years eight months in state prison. He complained of sentencing errors. In our opinion filed September 13, 2005, we affirmed in part and reversed in part. Our Supreme Court denied Holguins petition for review. However, after issuing its decision in Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham), the United States Supreme Court granted Holguins petition for writ of certiorari, vacated our opinion, and remanded the matter back to us for reconsideration in light of Cunningham. Upon reconsideration under Cunningham, as in our prior opinion, Court affirm in part and reverse in part.
Comments on P. v. Holguin