People v. Sandoval

Opinion

GEORGE, C. J.

We granted review to determine whether defendant’s Sixth Amendment rights as defined in Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham) were violated by the imposition of an upper term sentence and, if so, the remedy to which she is entitled. In Cunningham, the United States Supreme Court disagreed with this court’s decision in People v. Black (2005) 35 Cal.4th 1238 [29 Cal.Rptr.3d 740, 113 P.3d 534] (Black I) and held that California’s determinate sentencing law (DSL) violates a defendant’s federal constitutional right to a jury…