P. v. Hughes 11/23/04 CA1/1

State: California

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

Docket No: A105756A

Case Date: 02/02/2005

Preview:Filed 11/23/04 P. v. Hughes CA1/1 Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. ROBERT S. HUGHES, Defendant and Appellant. A105756 (Sonoma County Super. Ct. No. MCR429522)

Defendant appeals from a judgment following pleas of guilty. His counsel raised no issues and asked this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to appellant, result in reversal or modification of the judgment. (People v. Wende (1979) 25 Cal.3d 436; see Smith v. Robbins (2000) 528 U.S. 259.) Upon review of the record we found no arguable issues, although we ordered an amendment of the abstract of judgment to require AIDS testing. We subsequently granted defendant's petition for rehearing to consider the impact of the decision in Blakely v. Washington (2004) 542 U.S. ___ [159 L.Ed.2d 403, 124 S.Ct. 2531] (Blakely), upon defendant's sentence. We conclude that the upper term imposed upon defendant must be vacated, but otherwise affirm the judgment as amended. BACKGROUND On October 22, 2003, a felony complaint was filed charging defendant with five counts of lewd and lascivious acts on a minor under the age of 14. (Pen. Code,

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