P. v. Watkins
Appellant was convicted of numerous crimes for participating in a gang-related robbery of a Newport Beach jewelry store. In his first appeal, we rejected his challenge to the sufficiency of the evidence on the gang related counts and enhancements. However, Court found the trial court violated his Sixth Amendment right to a jury trial by sentencing him to the upper term on one of the robbery counts. (See generally Cunningham v. California (2007) 549 U.S. 270.) Therefore, Court vacated his sentence and remanded the matter for resentencing.
Comments on P. v. Watkins