|
By Mike McKee
The Recorder and Law.com Legal Newswire
July 7, 2009
"The California Supreme Court on Thursday[, July 2, 2009] held that juvenile adjudications can be used to increase adults' criminal sentences,
[ ... ]
"[I]n 2007[,] .... San Jose's 6th District Court of Appeal held 2-1 that juvenile adjudications could not be used to up sentences under the Three Strikes law[, because] ... enhancing sentences based on juvenile adjudications of guilt violated Apprendi v. New Jersey, [in which the] U.S. Supreme Court rul[ed] that ... any fact used to impose a sentence harsher than a statutory maximum has to be pleaded and proven to a jury."
To read the full article, click on the Title Line, above.
For the Full Text of the Nguyen opinion, See:
- People v. Nguyen, -- Cal.App.4th --, Docket No. S154847 (Calif. Supr. Ct., 2003)
NOTE: Opinion is in PDF format, and requires Adobe Acrobat Reader to open, read, and print. For a free downloadable version of Adobe Acrobat Reader, go to Adobe.com.
|
