(DOWNLOAD) "People V. French" by In the Supreme Court of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. French
- Author : In the Supreme Court of California
- Release Date : January 27, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Defendant pleaded no contest to six counts of lewd and lascivious conduct with a child (Pen. Code, § 288, subd. (a))*fn1 pursuant to a plea agreement under which six additional counts alleging that offense, as well as a sentencing enhancement allegation (§ 667.61, subd. (b)), were dismissed. The trial court sentenced him to the upper term of eight years on one count and one-third the middle term on the other five counts, for a total sentence of 18 years, the maximum term available under the plea agreement. Defendant contends imposition of the upper term violated his Sixth Amendment right to a jury trial as established in Cunningham v. California (2007) 549 U.S. __ [127 S.Ct. 856] (Cunningham). We granted review to address issues involving the application of Cunningham to cases in which the defendant has pleaded guilty or no contest.