P. v. Fontenot 6/8/07 CA1/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A112109

Case Date: 08/15/2007

Preview:Filed 6/8/07 P. v. Fontenot CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. HUBERT LEE FONTENOT, JR., Defendant and Appellant. I. INTRODUCTION Hubert Lee Fontenot, Jr. (Fontenot) appeals from his conviction of attempted voluntary manslaughter and assault with a firearm. He argues that the court erred in imposing the aggravated term for the handgun use enhancements, based in part on the United States Supreme Court's holding in Cunningham v. California.1 We agree and remand the case for resentencing. II. PROCEDURAL BACKGROUND The Solano County District Attorney charged Fontenot by information with attempted murder (Pen. Code,2

Download P. v. Fontenot 6/8/07 CA1/4.pdf