P. v. Acosta
In our original opinion in this case, filed on April 15, 2005, we reversed defendants sentence and remanded for resentencing in compliance with Blakely v. Washington (2003) 542 U.S. 296 (Blakely). On September 7, 2005, the California Supreme Court transferred the case to us, with directions to vacate our prior decision and reconsider in light of People v. Black (2005) 35 Cal.4th 1238 (Black I). We filed a new opinion on December 12, 2005, affirming the sentence. Then, the United States Supreme Court overruled Black I, granted certiorari in this case and vacated the judgment for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] (Cunningham). Court hereby issue the following decision:
Defendant and appellant Jesus Xavier Acosta appeals from the judgment entered following a jury trial that resulted in his conviction of voluntary manslaughter. He contends: (1) the trial court prejudicially erred in failing to give CALJIC No. 2.01; and (2) the trial court committed sentencing error under Blakely and its progeny. Court affirm.
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