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 a jury or admitted by the defendant?
It looks like, from a review of all the pundits on the subject, that we will win this one. However, the California Supremes will also claim that somehow this doesn't apply in California, so we
won't get the benefit of this, until we get back to DC. Incidentally, check out (and subscribe to) the SCOTUS blog, a fabulous resource for U.S. Supreme Court stuff like this.
Oregon v. Ice; http://www.scotusblog.com/wp/
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