P. v. Blackwell
In 2004, defendant Anthony Blackwell was convicted of two counts of attempted voluntary manslaughter, two counts of assault and two counts of attempted robbery. Two years later, he brought a petition for writ of habeas corpus in the trial court, which was granted in part. As a result of the writ, defendants two attempted robbery convictions were reversed. He was resentenced on the remaining voluntary manslaughter and assault convictions. Defendant appeals from this resentencing, contending the trial courts use of his juvenile adjudications to impose the upper term was unconstitutional under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely)and Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856].
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