P. v. Sutton
This case is before us upon transfer from the California Supreme Court with directions to vacate our decision and reconsider it in light of People v. Black (2007) 41 Cal.4th 799 (Black II) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval I). In accordance with the direction of the Supreme Court, we have vacated and reconsidered our earlier decision after reviewing defendant and the Peoples supplemental briefs. Contrary to our previous decision, we conclude the trial courts violation of defendants Sixth Amendment right to a jury trial on the factors relied on by the trial court in imposing an aggravated sentence on counts 1, 3, and 7 was harmless error under Chapman v. California (1967) 386 U.S. 18, 24 (Chapman). The remainder of our previous decision remains unchanged. Defendant Martel Antwone Sutton broke into Jane Does home (the victim) and hit her repeatedly with a frying pan when she discovered him in her home in the middle of the night. Defendant then robbed and raped the victim in her home. When done raping the victim, defendant noticed a shed in the victims backyard, locked her in the shed, and drove off in the victims car. Court reject defendants contentions and affirm the judgment.
Comments on P. v. Sutton