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JUVENILE PRIOR CONVICTIONS MAY BE USED TO AGGRAVATE ADULT SENTENCES

30
Aug

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)?
The First District Court of Appeal says the issue is the reliability of the prior. Oh, and those juvenile priors are SO reliable. After all, those minors have the right to a trial and witnesses and proof beyond a reasonable doubt, right? No, they do not.
And we can surely trust those unbiased and reliable judges as the triers of fact, right? So the Court of Appeal says that juvenile priors may be used to aggravate adult sentences.
People v. Tu; 2007 DJ DAR 13131; DJ, 8/29/07; C/A 1st

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