CABRERA (MIGUEL ANGEL) ON H.C.

DocketDescription: Petition for review granted; issues limited; Notes: The petition for review is granted. The issue to be briefed and argued is limited to the following: Did the sentencing court err by finding petitioner's conviction for battery with serious bodily injury (Pen. Code, 243, subd. (d)) was a serious felony (id., 667, subd. (a)(1), 1192.7, subd. (c)(8)), despite the jury's failure to reach a verdict on the attached allegation that petitioner personally inflicted great bodily injury (id., 12022.7, subd. (a))? (See Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542 U.S. 296; Cunningham v. California (2007) 549 U.S. 270.) Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger and Groban, JJ.

DocketDescription: Time extended to grant or deny review; Notes: The time for granting or denying review in the above-entitled matter is hereby extended to and including December 30, 2021, or the date upon which review is either granted or denied.

DocketDescription: Received additional record; Notes: C058828 - People v. Cabrera Miscellaneous documents, briefs and reporter's transcript (5).

DocketDescription: Additional record requested

DocketDescription: Record requested; Notes: Appellate record imported and available in electronic format.

DocketDescription: Petition for review filed; Notes: Petitioner: Miguel Angel Cabrera Attorney: Andrew J. Marx

DocketCourt of Appeal District/Division: Third Appellate District; Court of Appeal Case Number: C091962; Disposition: Petition denied on merits by opinion; Trial Court: Siskiyou County Superior Court - Main (Yreka); Trial Court Case Number: MCYKCRBF20076242; Trial Court: Siskiyou County Superior Court - Main (Yreka); Trial Court Case Number: SCCRHCCR20189121