P. v. Leon
After the United States Court of Appeals for the Ninth Circuit ruled that defendant Benny Leon, Jr.’s, 11-year upper term state prison sentence for voluntary manslaughter had resulted from prejudicial Blakely error (Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]), the trial court modified the sentence from 11 years to the middle term of six years. We concluded the trial court erred in believing the federal courts had curtailed its discretion to reimpose an upper term, and remanded for resentencing. On remand, the trial court imposed the upper term of 11 years. Defendant appeals, contending the trial court abused its discretion because it relied upon reasons that are “legally improper†and/or not supported by substantial evidence. Defendant also contends the court erred on resentencing in failing to calculate the total number of days in custody. Only the latter contention has merit. We shall remand for this amendment and affirm as modified.
Comments on P. v. Leon