People v. McGee, S123474
A criminal defendant does not have a federal constitutional right to have a jury, rather than the court, examine the record of a prior criminal proceeding to determine whether an earlier conviction subjects the defendant to an increased sentence when that conviction does not itself establish on its face whether or not the conviction constitutes a qualifying prior conviction for purposes of the applicable sentencing statute.
- Decided 05/22/2006
- Published 05/22/2006
Supreme Court of California
John Halley, Redwood City, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Seth K. Schalit, Stan Helfman, John H. Deist, George F. Hindall III and Jeffrey M. Laurence, Deputy Attorneys General, for Plaintiff and Respondent.