Legal Opinion
In Re Gomez
California Supreme Court
Decided February 2, 2009No. S155425PublishedCited by 29 opinions
1Opinion of the Court
Opinion
GEORGE, C. J.
This case presents the question whether Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham) applies on collateral review of a judgment that became final before Cunningham was decided but after Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403, 124 S.Ct. 2531] (Blakely) was decided. We conclude that Cunningham does apply in these circumstances, and reverse the contrary decision of the Court of Appeal.
I
Petitioner was convicted of rape and was sentenced to the upper term of eight years in state prison. (Pen. Code, § 261, subd.…
2Cases cited38 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
- Lockett v. OhioSupreme Court of the United States · 1978
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3Cited by29 opinions
- People v. LivingstonCalifornia Supreme Court · 2012
- In re RichardsonCalifornia Court of Appeal · 2011
- In re Corpus, California Court of Appeal, 5th District2018
- People v. DeeganCalifornia Court of Appeal · 2016
- In re Melvin Hiram Thomas II On Habeas Corpus, California Court of Appeal, 5th District2018
24 more not listed; retrieve them via the Exa API.