P. v. Little
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. In our original opinion, we affirmed Rico Lamar Little's convictions, but vacated his sentence on count 1 on the ground that the trial court's imposition of the upper term violated Little's constitutional rights because the trial court relied on facts that were not found by a jury nor admitted by Little to impose the upper term, in violation of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). On reconsideration, Court conclude that under the principles announced by the California Supreme Court in Black II, the trial court did not err in imposing the upper term sentence on count 1.
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