[Download] "Kramer v. Intuit Inc." by In the Court of Appeal of the State of California Second Appellate District Division Two " Book PDF Kindle ePub Free
eBook details
- Title: Kramer v. Intuit Inc.
- Author : In the Court of Appeal of the State of California Second Appellate District Division Two
- Release Date : January 21, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Mauricio Picado (Picado) appeals from a judgment of conviction and sentence imposed after a jury found him guilty of four counts of felony assault (Pen. Code, § 245, subd. (a)(1)) and certain misdemeanors, and found the offenses were gang-related for purposes of sentencing (§ 186.22, subd. (b)(1)). He contends: (1) the court erred in imposing consecutive sentences for each felony assault conviction and respective gang enhancement, since on each count he was convicted merely as an aider and abettor or co-conspirator based on a single underlying act and objective; (2) his presentence credits and the abstract of judgment should be corrected, because his offenses did not constitute violent felonies within the meaning of section 2933.1; and (3) the evidence was insufficient to prove his offenses were gang-related. In addition, Picado maintains, the imposition of the statutory upper term for felony assault and the imposition of consecutive sentences violated the Sixth Amendment under Blakely v. Washington (2004) 124 S.Ct. 2531 (Blakely).