P. v. Sandoval 3/28/05 CA2/4

State: California

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

Docket No: B173406

Case Date: 06/15/2005

Preview:Filed 3/28/05 P. v. Sandoval CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. GEORGE SANDOVAL, Defendant and Appellant.

B173406 (Los Angeles County Super. Ct. No. KA050723)

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas C. Falls, Judge. Affirmed in part, reversed in part and remanded. Mary Woodward Wells, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent.

George Sandoval appeals from judgment entered following resentencing in accordance with this court's non-published opinion filed May 21, 2003. Appellant contends he was denied his federal constitutional rights to proof beyond a reasonable doubt and a jury trial because the aggravating non-recidivist factors used to increase his sentence were not found true beyond a reasonable doubt by a jury. For reasons explained in the opinion, we remand the cause for resentencing.

FACTUAL AND PROCEDURAL SUMMARY Appellant had been convicted following a jury trial of grand theft vehicle (Pen. Code,

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