CC 540A, CC 540B, CC540C–Applicability of Apprendi To Ireland Issue
January 10th, 2014


CC treats the People v. Ireland (1969) 70 Cal. 2d 522, issue as purely a legal one, for the court. Although the court should make a determination on this issue, Apprendi now requires that the jury make the necessary finding that the felony was independent of the killing. (Apprendi v. New Jersey (2000) 530 U.S. 466; See also ¶ 4:3; but see CCJICH § 4:31, p. 171.)