P. v.Gutierrez
Appellant Sergio Gutierrez was convicted, following a jury trial, of one count of carjacking in violation of Penal Code section 215, subdivision (a). The jury found true the allegation that appellant personally used a knife in the commission of the crime within the meaning of section 12022, subdivision (b). The trial court sentenced appellant to the upper term of nine years in state prison for the carjacking conviction, plus the upper term of three years for the knife use enhancement.
Appellant appeals from the judgment of conviction, contending that the imposition of the upper term violated his Sixth Amendment right to a jury trial as set forth in Blakely v. Washington (2004) 542 U.S. 296. While appellant's case was pending on appeal, the United States Supreme Court issued its opinion in Cunningham v. California (2007) 549 U.S. __ [127 S.Ct. 856, 166 L.Ed.2d 856] and the California Supreme Court issued its opinions in People v. Black (2007) 41 Cal.4th 799 and People v. Sandoval (2007) 41 Cal.4th 825. At our request, the parties submitted letter briefs addressing the effect of People v. Black, supra, and People v. Sandoval, supra. Appellant maintains his contention that his sentence violates the Sixth Amendment. Court see no violation of appellant's Sixth Amendment rights. Court affirm the judgment of conviction.
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