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Name: People v. Nguyen
Case #: H028798
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/29/2007
Subsequent History: 10/10/07 rev. granted: S154847
Summary

On rehearing, the appellate court disagreed with other districts and held that a juvenile adjudication is not a prior conviction within the meaning of Apprendi (Apprendi v. New Jersey (2000) 530 U.S. 466) because the juvenile offender does not have the right to a jury trial. Accordingly, a juvenile adjudication cannot be used per the Three Strikes law to impose on an adult a sentence in excess of the maximum sentence that could have been imposed on the basis of a trial or a defendant’s admission in adult court. This is so even if appellant had admitted the allegations in the initial juvenile court proceeding.