P. v. Shea
Appellant Paul Eric Shea appeals from the 10 year 4 month state prison sentence he received after entering a plea of guilty, with a Harvey waiver,[1] to four felonies and one misdemeanor charge. In his opening brief on appeal, appellant claims sentencing error in that the trial court failed to articulate reasons for sentencing appellant to an aggravated term as the principal term (child endangerment, Pen. Code, 273a, subd. (a))[2],and for ordering him to submit to involuntary AIDS testing without probable cause. After appellants opening brief was filed, leave was granted allowing him to submit a supplemental brief on the question of whether his aggravated sentence should be vacated in light of the United States Supreme Court decision in Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Respondent addressed this issue in its brief, as well as responding to those issues raised in appellants opening brief.
On July 19, 2007, our Supreme Court issued decisions in People v. Black (2007) 41 Cal.4th 799 (BlackII), and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). Court provided the parties the opportunity to file letter briefs discussing the impact of these decisions to this appeal, which Court have received, and we have examined the issue once more. Again Court conclude that appellants Blakely Cunningham Black II claim has merit, and because we cannot conclude that the error was harmless beyond a reasonable doubt, Court remand to the trial court with direction to reconsider appellants sentence.
Comments on P. v. Shea