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Name: People v. Benitez
Case #: C044648
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/29/2005
Subsequent History: Rhrg. den. 4/15/05

Blakely v. Washington (2004) 159 L.Ed.2d 403 does not require a jury to determine the facts upon which a determination of probation eligibility is predicated. A denial of probation is not punishment, and a grant of probation results in a reduction rather than an increase in sentence. Thus, Blakely does not apply to this determination.