P. v. Ortiz
Convicted of attempted murder in 2005, defendant was sentenced to an aggregate term of 35 years to life in state prison, comprised of seven years for attempted murder, 25 years for using a firearm, and three years for defendants prior convictions. In 2006, defendant appealed his conviction, claiming, among other things, the trial court erred in sentencing him to 35 years to life in state prison. (People v. Ortiz (May 2, 2007) C051860 [nonpub. opn.] (opn. modified May 31, 2007).) In support of his claims defendant argued the trial courts failure to make any findings regarding his prior convictions must be treated as a finding that the allegations were not true. (People v. Ortiz, supra, C051860.) He also argued that a remand for resentencing would violate the double jeopardy provision of the federal and state Constitutions. (Ortiz, supra.) This court rejected both of defendants arguments and remanded the matter for resentencing. (Ortiz, supra.) The trial court judgment is affirmed.
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