P. v. Lopez
In an opinion filed June 27, 2007, this court reversed the conviction of defendant Antonio Lopez Lopez in his appeal of judgment on convictions of residential burglary (Pen. Code, 459)[1] and transportation of a controlled substance, methamphetamine (Health & Saf. Code, 11379, subd. (a)). We remanded the matter for the limited purpose of resentencing with respect to the first degree burglary conviction. Court held that the imposition of the aggravated term on the burglary count based on five court determined aggravating factors was error. The California Supreme Court granted defendants petition for review and transferred the matter back to this court for reconsideration in light of People v. Black (2007) 41 Cal.4th 799 (Black) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). On reconsideration, Court affirm the conviction.
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