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Name: People v. Shadden
Case #: F048765
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/24/2007

An analysis of the holdings in Blakely v. Washington (2004) 542 U.S. 296 and Cuningham v. California (2007) __ U.S. __, requires a determination of the maximum available sentence. After appellant, convicted of violation of Penal Code section 247, subdivision (b), admitted two prior serious felony offenses, the court granted his Romero request and sentenced him to the upper term, doubled, for the substantive offense. Because the maximum sentence available in a Three Strike case is 25 years to life, the upper term sentence was valid as it was within the maximum sentence available. Penal Code section 247, subdivision (b), which prohibits the discharge of a firearm at an unoccupied motor vehicle, does not apply to a shooting at the unoccupied vehicle with the owner’s consent, but if the vehicle is owned by more than one party, consent must be by all owners. (People v. Wallace (2004) 123 Cal.App.4th 144; People v. Kahanic (1987) 196 Cal.App.3d 461.)