[DOWNLOAD] "People V. George" by Fourth Appellate District Division One State of California Court of Appeal # eBook PDF Kindle ePub Free

July 27, 2021

eBook details

Title: People V. George
Author : Fourth Appellate District Division One State of California Court of Appeal
Release Date : January 15, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 79 KB

Description

This case presents the issue of whether the trial courts imposition of a discretionary upper term sentence based on certain aggravating facts found by the court violates a criminal defendants right to a jury trial in accordance with United States Supreme Courts recent decision in Blakely v. Washington (2004) ___ U.S. ___ [124 S.Ct. 2531] (Blakely). In the published part of this opinion, we conclude that Blakely precludes a trial courts determination of facts not found by the jury or admitted by the defendant (other than those arising out of a prior conviction) as a basis for imposing an upper term sentence. In the unpublished portion of the opinion, we reject the defendants arguments that the trial court erred in (1) denying his request to bifurcate trial on the enhancement allegations that he acted for the benefit of a criminal street gang in committing the underlying offense, (2) admitting hearsay and expert evidence relating to the enhancement, and (3) failing to give a limiting instruction regarding the jurys use of such evidence. However, we agree with the defendants contention that the evidence was insufficient to support his conviction of a second robbery coun