California Court of Appeal

A sentence for forcible rape and making criminal threats is affirmed over a claim that the trial court's imposition of the upper term for the rape based on its finding of certain aggravating factors violated his constitutional right to have the aggravating factors determined by a jury beyond a reasonable doubt as required by Supreme Court precedent.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.