P.

Filed 3/21/13 P. v. Leon CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE, C071886

Plaintiff and Respondent, (Super. Ct. No. CRF03-243)

v.

BENNY LEON, JR.,

Defendant and Appellant.

After the United States Court of Appeals for the Ninth Circuit ruled that defendant Benny Leon, Jr.’s, 11-year upper term state prison sentence for voluntary manslaughter had resulted from prejudicial Blakely error (Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]), the trial court modified the sentence from 11 years to the middle term of six years. We concluded the trial court erred in believing the federal courts had curtailed its discretion to reimpose an upper term, and remanded for resentencing. On…