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More Apprendi Damage Control

By Kent Scheidegger et al.

The California Supreme Court decided People v. Towne, S125677, today, further squashing the notion that the Apprendi line of cases requires juries to decide practically everything relevant to sentencing. We conclude the aggravating circumstance that a defendant served a prior prison term or was on probation or parole at the time the crime was committed may be determined by a judge and need not be decided by a jury. In addition, the aggravating circumstance that a defendant?s prior performance on probation or parole was unsatisfactory may be determined by a judge, so long as that determination is based upon the defendant?s record of one or more prior convictions.

Full post as published by Crime and Consequences on June 26, 2008 (boomark / email).