California Court of Appeal

The judicial fact-finding that occurs when a judge exercises discretion to impose an upper term sentence or consecutive terms under California law does not violate a defendant's right to a jury trial.

Appellate Information

• Decided 09/13/2005
• Published 09/13/2005

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, Brook Bennigson, Deputy Attorney General, for Plaintiff and Respondent.