P. v. Castro
Defendant Ronal Antonio Castro appeals from his conviction, following a jury trial, of two counts of lewd act upon a child under the age of 14 years. In an opinion filed July 15, 2004, we affirmed the judgment. We subsequently granted defendants petition for rehearing in light of the United States Supreme Court decision in Blakely v. Washington (2004) 542 U.S. 296 (Blakely). In an opinion filed April 22, 2005, we reversed the sentence only, concluding that the trial courts selection of the high term violated the principles set forth in Blakely. On September 7, 2005, our Supreme Court transferred the case to us, with directions to vacate our prior decision and reconsider in light of People v. Black (2005) 35 Cal.4th 1238, overruled in part by Cunningham v. California (2007) 549 U.S., 127 S.Ct. 856 (Cunningham). In an opinion filed on November 30, 2005, we affirmed the judgment, including the sentence. On February 20, 2007, the United States Supreme Court vacated that judgment and remanded the case to us for further consideration in light of Cunningham. Court hereby issue the following decision:
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