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PC § 1170(b)(3) and Sixth Amendment Right to a Jury Trial–Circumstances in Aggravation Based on Certified Records of Prior Convictions, Beyond Bare Fact of Convictions

Case Name: People v. Wiley (2023) 97 Cal.App.5th 676, review granted 3/12/2024
Case #: S283326/A165613
Last Updated: March 12, 2024

Did the sentencing court’s consideration of circumstances in aggravation based on certified records of prior convictions, beyond the bare fact of the convictions, violate Penal Code section 1170, subdivision (b)(3) or defendant’s Sixth Amendment right to a jury trial?

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