P. v. White
Defendant Adrian Joe White was convicted of several sex crimes. Additional findings included that he was convicted of a prior serious felony within the meaning of the Three Strikes law, that he served four prior prison terms, and that he suffered a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a). He was sentenced to prison for 69 years. He appealed, claiming the upper and consecutive terms were imposed based on facts not found by the jury, there was a dual use of facts in imposing full consecutive sentences, and the court erroneously imposed a security fee for offenses committed before the effective date of the statute. Court applied the recent United States Supreme Court case of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] and determined that defendants sentence was not properly imposed. Court determined that the matter should be remanded to the trial court for further proceedings. The California Supreme Court granted review and then transferred the matter back to this court with directions to vacate our opinion and reconsider the cause in light of People v. Black (2007) 41 Cal.4th 799 (Black II), and People v. Sandoval (2007) 41 Cal.4th 825. After reconsidering the matter Court affirm the judgment.
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