California, United States of America
The following excerpt is from The People v. Delgado, B217903, No. BA276341 (Cal. App. 2010):
We remanded appellant's case for resentencing because, by basing imposition of an upper term sentence on its finding of the aggravating factor, the sentence ran afoul of the Sixth Amendment as interpreted in Cunningham v. California (2007) 549 U.S. 270.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.