Sentence enhancements: Apprendi (Sixth Amendment jury
trial right): in the context of a Sixth Amendment analysis, the Supreme Court
in Apprendi described sentence
enhancements as the “functional equivalent” of elements of greater
offenses. (Apprendi, supra, 530 U.S.
at p. 494, fn. 19.) This
characterization means only that a defendant is entitled to have a jury determine
whether those facts supporting an
increased sentence have been proven beyond a reasonable doubt (p. 14) (Cal. S.
Ct., 23.07.09, Porter v. Super. Ct., S152273).
Thursday, July 23, 2009
Porter v. Super. Ct., S152273
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