Crime vs. Enhancement

Name: People v. Lucero
Case #: D069229
Opinion Date: 04/18/2016
  • Categories: Crime vs. Enhancement, Crimes, Defenses, Mens Rea, Miscellaneous defenses

Summary

Trial court properly instructed jury not to consider evidence of defendant's voluntary intoxication in determining the truth of gun use allegations. A jury found Lucero guilty of multiple offenses and found true two gun use allegations (Pen. Code, § 12022.53,…

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Name: Smith v. Hedgpeth
Case #: 11-16858
Opinion Date: 02/05/2013
  • Categories: Areas Constitutional Law, Crime vs. Enhancement, Crimes, Double Jeopardy, Lesser-Included Offenses

Summary

There is no clearly established federal law which requires that sentencing enhancements be considered for purposes of applying the double jeopardy clause of the Fifth Amendment. Petitioner was convicted in California state court of offenses resulting from the beating of…

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Name: People v. Ramon
Case #: F054603
Opinion Date: 07/07/2009
  • Categories: Crime vs. Enhancement, Crimes, Enhancements, Evidence, Expert Witness, Limitations on, Sentencing

Summary

A gang expert's opinion that a defendant committed a crime for the benefit of a gang, without sufficient facts to support such an opinion, is not substantial evidence to support a section 186.22, subdivision (b)(1) gang enhancement. Appellant was a…

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Name: Jones v. Smith
Opinion Date: 11/01/2000
  • Categories: Attempts, Crime vs. Enhancement, Crimes, Ineff. Assist. Counsel (IAC), Motion Attacking, Pleadings, Right to Counsel

Summary

The omission of a premeditation charge from a state court attempted murder information, combined with its inclusion in the jury instruction, constituted a variance. Although premeditation was a sentence-enhancing provision under California law on the date petitioner's conviction became final,…

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