P. v. Cabrellis
On March 19, 2007, the United States Supreme Court granted a petition for writ of certiorari filed by defendant Ceariaco Cabrellis, vacated the judgment, and remanded the matter to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Cunningham concluded that Californias determinate sentencing law violates the Sixth Amendment because it allocates to judges sole authority to find facts permitting the imposition of an upper term sentence. (Id. 127 S.Ct. at p. 870.) Following the California Supreme Courts recent decision in People v. Black (2007) 41 Cal. 4th 799 (Black II), Court affirm the judgment.
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