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Name: People v. Palmer
Case #: C049018
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/31/2006
Summary

Appellant entered into a plea agreement where he pleaded no contest to DUI and admitted two prior Nevada convictions for DUI in exchange for dismissal of other counts and prior convictions. Appellant obtained a certificate of probable cause to challenge the use of his prior Nevada DUI convictions, contending that they could not be used to enhance his punishment because he did not have a right to a jury trial in the Nevada proceedings. The appellate court rejected the claim. There is no federal constitutional right to a jury trial for petty offenses, so the sentence was properly enhanced for those priors. Appellant received all the due process to which he was entitled under Nevada law. The court held that Apprendi and Tighe had no application here, but respectfully disagreed with the Tighe opinion.