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Name: People v. Reyes
Case #: B185929
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/09/2007
Subsequent History: rev. granted 8/15/07, S153455
Summary

There was no Cunningham error where appellant’s record alone justified the imposition of the upper term. The trial court imposed upper term sentences for three of appellant’s convictions, finding that the victims were vulnerable, the violence was extreme, he had two prior prison terms, and was on parole when he committed the crimes. On appeal, appellant argued that the trial court’s imposition of the upper terms violated his right to a jury trial and due process. The appellate court rejected the argument, finding that the upper terms were justified by appellant’s record, which included three prior convictions admitted by appellant. Each of the prior convictions standing alone was sufficient to authorize the trial court to impose the upper term. J. Johnson dissented, finding Apprendi-Blakely-Cunningham error which could not be deemed harmless.