Brock

The United States Supreme Court granted certiorari in this case and vacated the judgment, for further consideration in light of Cunningham v. California (2007) 549 U.S. ____ , 127 S.Ct. 856 , 166 L.Ed.2d 856 (Cunningham) .

Appellant Guan Tyrone Brock escaped from a parole halfway house. He was sentenced to six years in prison for the crime of escape from custody, without force or violence. (Pen.Code, § 4530, subd. (b).) [1] His sentence was based on the upper term of three years, doubled for one prior "strike" conviction, under the Three Strikes law. His contentions are that (1) the trial court abused its discretion when it admitted a confession he made during plea negotiations at a pretrial proceeding; (2) his case must be remanded for resentencing, as he should have been charged under a more specific statute, which carried a lesser punishment; and (3) imposition of the upper term violated his right to trial by jury, as the Sixth and Fourteenth Amendments were interpreted in Blakely v. Washington (2004) 542 U.S.

296, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (Blakely ), because the aggravating factors were not found true by a jury.

On August 2, 2006, in a published opinion,…