Legal Opinion
People v. Amons
California Court of Appeal
Decided January 11, 2005No. A105374PublishedCited by 1 opinion
1Opinion of the Court
Opinion
SWAGER, J.
We conclude in this appeal that the new sentencing rules announced in Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403, 124 S.Ct. 2531] (Blakely), do not apply retroactively upon revocation of defendant’s probation to a final sentence that was previously imposed but suspended during his probationary period.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
On August 16, 1999, defendant entered a no contest plea to a charge of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)),1 and admitted an enhancement for personal infliction of…
2Cases cited66 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
- Neder v. United StatesSupreme Court of the United States · 1999
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3Cited by1 opinion
- People v. AmonsCalifornia Court of Appeal · 2005