Tag Archives: CC 3251

Propriety of Juror and Factual Finding Re: Aggravating Circumstance
December 11th, 2015

The California Supreme Court has expressly ruled that the determination of whether there were aggravating circumstances to permit an enhanced sentence is not an issue which should be presented to a jury. (People v. Sandoval (2007) 41 Cal. 4th 825.) The Court of Appeal has ruled that the prosecution is not permitted to allege aggravating […]

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