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Name: People v. Benitez
Case #: C044648
Opinion Date: 03/29/2005
Citation: 127 Cal.App.4th 1274

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.