P. v. Wilson 11/24/04 CA1/1

State: California

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

Docket No: A102205A

Case Date: 02/16/2005

Preview:Filed 11/24/04 P. v. Wilson 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. DARRYEAL WOODROW WILSON, Defendant and Appellant. A102205 (Napa County Super. Ct. No. CR109693)

A jury convicted defendant Darryeal Woodrow Wilson of four counts of committing lewd acts with his six-year-old niece. The sole issue raised on appeal was whether the trial court abused its discretion in admitting a videotaped police interview of the niece. We found that the evidence was properly admitted, and affirmed the judgment. We subsequently granted defendant's petition for rehearing to consider the impact of the decision in Blakely v. Washington (2004) 542 U.S. ___ [124 S.Ct. 2531] (Blakely), upon defendant's sentence. We conclude that the principal, upper term sentence of eight years imposed upon defendant for his conviction in count one must be vacated, and the matter returned to the trial court for resentencing. In all other respects, we affirm the judgment.

BACKGROUND Pretrial Proceedings Defendant was charged by information with four counts of committing lewd acts upon a child under the age of 14. (Pen. Code,

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