California Court of Appeal

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People v. Nguyen, H028798

It is unconstitutional to use juvenile adjudications to increase the maximum punishment for an offense, in light of the U.S. Supreme Court's opinions in Apprendi v. New Jersey (2000) 530 U.S. 466 and Blakely v. Washington (2004) 542 U.S. 296, as the Sixth Amendment right to a jury trial is an integral part of the process that is due before a prior conviction may be used to increase the maximum sentence for a criminal offense. However, as defendant's juvenile adjudication is based on his admission in juvenile court, his sentence is not affected.

Appellate Information

  • Decided 01/22/2007
  • Published 01/22/2007

Judges

  • McADAMS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mary J. Greenwood, Public Defender, Seth Flagsberg, Deputy Public Defender, Dallas Sacher, Santa Clara, As Amicus Curiae under appointment by the Court of Appeal, for Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Appellant.

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