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Archives - October 2008

21
Oct

SAN DIEGO CRIMINAL DEFENSE: CONSECUTIVE SENTENCING AND APPRENDI

The U.S. Supreme Court this week heard argument on a case presenting the question of whether Apprendi (530 U.S. 466) applies to consecutive sentences. In Cunningham (549 U.S. 270), the U.S. Supremes held that Apprendi applies to California’s upper term scheme. So can a judge impose a consecutive sentence based on facts not found by …

19
Oct

INSUFFICIENT EVIDENCE-GANG MURDER CASE DISMISSED

This is an amazing case. But, alas, it has been granted review, so it’s probably not long for this world. Here, the victim showed up at the house where gang guys were hanging out. Someone asked, “where are you from?” A fist fight ensued with the eventual shooter, the victim, and the two defendants. The …

14
Oct

POSSESSION OF DRUGS FOR SALE AND CONSPIRACY TO POSSESS DRUGS FOR SALE

In this case, the defendant possessed heroin and methamphetamine in his motel room. The DA charged and got convictions for two counts of drug possession for sale, and two counts of conspiracy to possess those drugs for sale (there was another guy involved). The Court of Appeal says that a defendant can be convicted on …

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