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California Supreme Court rejects Apprendi challenge to using juve convictions as strikes

By Douglas A. Berman

Apprendi fans have a lot worth reading today.  In addition to my new little discussion of Apprendi-land in the Columbia Law Review's sidebar (discussed here), today the California Supreme Court has lots of Apprendi talk in People v. Nguyen, No. S154847 (July 2, 2009) (available here). Here is how the majority opinion starts:  California?s Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 increases the maximum sentence for an adult felony offense upon proof that the defendant has suffered one or more qualifying "prior felony convictions" ? a term that specifically includes certain prior criminal adjudications sustained by the defendant, while a minor, under the juvenile court law.  Does the United States Constitution allow such use of a prior juvenile adjudication even though there was no right to a jury trial in the juvenile proceeding?  Like the majority of recent decisions to address the issue, we conclude the answer is yes...continue to full post

Full post as published by Sentencing Law and Policy on July 02, 2009 (boomark / email).