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Name: People v. Quiles
Case #: A119615
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/09/2009

The trial court did not err by relying on prior juvenile adjudications to impose an upper term. Quiles was convicted of multiple theft and robbery offenses. The upper term on count two was imposed on the grounds that Quiles’ two prior sustained juvenile petitions were numerous or increasing in seriousness. Quiles contended on appeal that the imposition of the upper term of sentence was unconstitutional because it was based on his prior juvenile adjudications, and thus did not fall within the recidivism exception to the requirement that the upper term be based on facts found by a jury to be true beyond a reasonable doubt. The appellate court rejected the issue, finding the recent Supreme Court holding in People v. Nguyen (2009) 46 Cal.4th 1007 dispositive. There is no constitutional barrier to using prior juvenile adjudications, like prior adult convictions, to increase the term of a sentence under the recidivism exception.