| |
People v. Towne (2008) , Cal.4th
[No. S125677. Jun. 26, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. SHAWN TOWNE, Defendant and Appellant.
(Superior Court of Los Angeles County, No. PA040926, Meredith C. Taylor, Judge.)
(The Court of Appeal, Second Dist., Div. Four, No. B166312, Unpublished Opinion.)
(Opinion by George, C. J., with Baxter, J., Werdegar, J., Chin, J., Moreno, J., Corrigan, J., concurring. Concurring opinion by Kennard, J.)
OPINION
GEORGE, C. J.-
Defendant Shawn Towne was charged with multiple offenses ranging from kidnapping and robbery to "joyriding," but was convicted of only the last offense. He contends that imposition of the upper-term sentence on that offense violated his Sixth Amendment right to a jury trial on facts that were used to increase his sentence above the statutory maximum, as that right has been interpreted in Cunningham v. California (2007) 549 U.S. 270 (Cunningham). 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.
|
|
 |
Site Map
Pasadena DUI Lawyers
The information on this California Criminal Defense Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
|
|
