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Does AB 333 Unconstitutionally Amend the Requirements for a True Finding on a Prior Strike Conviction and a Prior Serious Felony Conviction?

(1) Does Assembly Bill No. 333 amend the requirements for a true finding on a prior strike conviction (Pen. Code, §§ 667, subds. (b)–(i) & 1170.12, subds. (a)–(d)) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)), or is that determination made on “the date of that prior conviction”? (See Pen. Code, §§ 667, subd. (d)(1) &…

Case: People v. Fletcher (2023) 92 Cal.App.5th 1374, review granted 9/27/2023
Case Number: S281282/E077553
Updated: April 10, 2024
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Whether Jury Must Find Defendant’s Prior Convictions Were “Committed on Occasions Different from One Another”

Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).

Case: United States v. Erlinger (7th Cir. 2023) 77 F.4th 617, cert. granted 11/20/2023
Case Number: 23-370
Updated: November 20, 2023
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