CAL. SUPREME COURT GRANTS REVIEW ON APPLICATION OF BLAKELY TO AGGRAVATING FACTORS USED TO IMPOSE AN UPPER TERM.
July 14, 2004

Today, the California Supreme Court granted review in People v. Towne, no. S125677. As stated on the court's electronic docket, "In addition to the issue raised in the petition for review, the parties shall address the following issues: (1) Does Blakely v. Washington (June 24, 2004) __ U.S. __ [2004 WL 1402697] preclude a trial court from making the required findings on aggravating factors for an upper term sentence? (2) If so, what standard of review applies, and was the error in this case prejudicial?"

The Court of Appeal, in Towne, had rejected, in an unpublished opinion, the appellant's arguments that the sentencing court abused its discretion by imposing the upper term and doubling it after refusing to grant his Romero motion.

Towne is represented by Suzan Hier, a Staff Attorney at CAP-LA.