P. v. Sindorf 6/18/07 CA3

State: California

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

Docket No: C045737A

Case Date: 08/29/2007

Preview:Filed 6/18/07 P. v. Sindorf CA3 Opinion following remand from U.S. Supreme Court

NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Siskiyou) ----

THE PEOPLE, Plaintiff and Respondent, v. KURT EUGENE SINDORF, Defendant and Appellant. C045737 (Super. Ct. No. YKCRBF03539)

On February 20, 2007, the United States Supreme Court granted a petition for writ of certiorari in this case, vacated the judgment of this court and remanded the case to us for further consideration in light of Cunningham v. California (2007) 549 U.S. __ [166 L.Ed.2d 856] (Cunningham). We directed

the parties to submit supplemental briefs addressing the Cunningham issues only. Upon further consideration of the

issues, we shall remand for resentencing pursuant to Cunningham, but otherwise affirm the judgment. We reissue our previous

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opinion as follows with a new section dealing with the Cunningham issues. After a court trial, defendant Kurt Eugene Sindorf was convicted of three counts of committing a lewd and lascivious act on a child aged 15, defendant being at least 10 years older than the child (Pen. Code,

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