Tag Archives: CC 3100

Proof of Prior Convictions: The Constitutional Right to a Jury Trial “Sweeps More Broadly than Our Case Law Previously Recognized”
February 26th, 2018

People v. Gallardo (2017) 4 Cal.5th 120 (rehearing denied 1/24/18) determined that the trial court violated the defendant’s Sixth Amendment right to a jury trial when it found a disputed fact about the conduct underlying the defendant’s prior assault conviction that had not been established by virtue of the conviction itself:   “We today hold […]

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