P. v. Jackson
This case is before us for a second time, after transfer from the California Supreme Court for reconsideration in light of that court's recent decisions in People v. Black (2007) 41 Cal.4th 799 (Black II) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). In our original opinion, we affirmed appellant Amber Jackson's convictions, but vacated her sentence on the ground that the trial court's imposition of the upper term violated Jackson's constitutional rights because the trial court relied on facts that were not found by a jury nor admitted by Jackson to impose the upper term, in violation of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). On reconsideration, we conclude that under the principles announced by the Supreme Court in Black II, the trial court did not err in imposing the upper term sentence on count 2.
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