How has the sentence of a man convicted of assault and sexual assault been reduced?
California, United States of America
The following excerpt is from People v. Bell, B171066 (Cal. App. 2/27/2008), B171066 (Cal. App. 2008):
Appellant appealed from the sentence. Applying the then recently-decided Blakely v. Washington (2004) 542 U.S. 296, we initially held that enhancement of the term on count 2, based on an aggravating factor that had been determined by the court not the jury, rendered that portion of the sentence constitutionally improper. We directed resentencing, in accordance with Blakely.
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