People v. Black

Opinion

GEORGE, C. J.

This case is before us for a second time, after remand from the United States Supreme Court for reconsideration in light of that court’s very recent decision in Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham). In Cunningham, the United States Supreme Court, disagreeing with this court’s initial decision in this matter (People v. Black (2005) 35 Cal.4th 1238 [29 Cal.Rptr.3d 740, 113 P.3d 534] (Black 1)), held that California’s determinate sentencing law (DSL) violates a defendant’s federal constitutional right to a jury trial under…