Posted On: April 18, 2008 by Mary Frances Prevost

CALIFORNIA SENTENCING LAW: CAN COURT AGGRAVATE TERM BECAUSE DEFENDANT IS ON PROBATION?

SENTENCING - AGGRAVATED TERM BASED ON PROBATIONARY STATUS

People v. Medrano (C.A. 3rd, 4/18/08, C056068) 08 C.D.O.S.

Imposition of the upper term by the sentencing judge based on a defendant's probationary status did not violate Cunningham v. California (2007) 549 U.S. ___.