Legal Opinion
People v. Cardenas
California Court of Appeal
Decided October 10, 2007No. B190463PublishedCited by 3 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Guillermo Cardenas appeals from the judgment following his conviction for second degree robbery. He contends the prosecutor exercised group bias in excusing two Hispanic prospective jurors in violation of People v. Wheeler 1 and the trial court erred in imposing the upper term sentence based on facts not found by the jury beyond a reasonable doubt in violation of Cunningham v. California. 2 We find no merit to defendant’s Wheeler contention but we conclude defendant was sentenced to the high term in violation of Cunningham and People v. Black. 3
FACTS AND PROCEEDINGS BELOW
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2Cases cited21 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- People v. WheelerCalifornia Supreme Court · 1978
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3Cited by3 opinions
- People v. YarbroughCalifornia Court of Appeal · 2008
- People v. GonzalesCalifornia Court of Appeal · 2008
- People v. Romero CA2/6California Court of Appeal · 2020