Criminal Law Constitutional Right Apprendi Rule

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Criminal Law Constitutional Right Apprendi Rule
(People_v_Prieto)

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Criminal Law Constitutional Right Apprendi Rule
People_v_Prieto

In Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi), the United States Supreme Court held: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt." Recently, the Supreme Court clarified that the "statutory maximum" for purposes of this rule is the "maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant." (Blakely v. Washington (2004) ___ U.S. ___, ___ [124 S.Ct. 2531, 2537] (Blakely).) Thus, "[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts 'which the law makes essential to the punishment,' . . . and the judge exceeds his proper authority." (Ibid.)

At issue in this case is whether a full strength consecutive sentence for a violent sex offense under Penal Code section 667.6, subdivision (c)[1] is punishment beyond the "statutory maximum" for purposes of Apprendi and Blakely. We conclude it is not, and therefore hold that the factors relied upon by the court to support this sentencing choice need not be submitted to the jury and proved beyond a reasonable doubt.

People v Prieto-B172963 B172963 Apprendi Rule

Dec 07 2004

B172963
[PDF] [DOC]

P. v. Prieto 12/7/04 CA2/6

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