Tag Archives: CC 3101


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 […]


Tags: , , , , ,