|News from the Director
SUPREME COURT GRANTS REVIEW ON APPLICATION OF BLAKELY TO
AGGRAVATING FACTORS USED TO IMPOSE AN UPPER TERM.
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?"
Court of Appeal, in Towne, had rejected, in an unpublished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.
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