California Court of Appeal

In trial court's fitness hearing prior to sentencing of a defendant convicted of multiple sex crimes and ruling that defendant was not fit and proper subject to be dealt with under the juvenile court law, and instead was to be sentenced under the general law of California is affirmed as the Apprendi and its progeny do not apply and the defendant forfeited any due process claim by failing either to raise it or object to the procedures used, in the trial court

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Carlo Andreani, San Francisco, 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, Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, David Andrew Eldridge and Heather S. Gimle, Deputy Attorneys General, for Plaintiff and Respondent.