888.909.7896

Category - Juvenile

6
Sep

ADULT COURT BANNED FROM USING JUVENILE SEX CRIME PRIORS

COURTS CAN’T USE JUVI RECORDS IN A SEXUALLY VIOLENT PREDATOR PROCEEDING When James H. was a juvenile, he had a juvenile court wardship finding that he violated California Penal Code section 288(a). His juvenile record was sealed under California Welfare & INstitutions Code section 781. James H. then got convicted of new sex crime in …

30
Aug

JUVENILE PRIOR CONVICTIONS MAY BE USED TO AGGRAVATE ADULT SENTENCES

JUVENILE PRIORS MAY BE USED TO AGGRAVATE ADULT SENTENCES The adult court here imposed upper term on this defendant’s sentence, relying on a juvenile prior as the aggravating factor. The question posed to the California Court of Appeal here is: May a juvenile prior be used as an aggravating factor after Cunningham (127 S.Ct. 856)? …

6
Jul

APPELLATE COURT: JUVENILE CONVICTIONS CAN NEVER BE USED AS STRIKES!

The California 6th District Court of Appeal has ruled that NO juvenile priors can be used as strike priors! (People v. Nguyen; 2007 DJ DAR 9965; DJ, 7/3/07; C/A 6th) The Court of Appeal states that US Supreme Court case law compels this result. The Court held that the role of the jury is diminished …

close