Evidence at Hearing/Burden Archives

Categories: Evidence at Hearing/Burden, Prop 36 - Three Strikes, Sentencing

Summary

A prior jury determination that appellant did not use a knife during the commission of a crime is not determinative for a finding of eligibility for Proposition 36 relief. In 2001, Cruz was convicted of false imprisonment by violence after…

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Name: People v. Hannon

Case #: A145945

Opinion Date: 11/03/2016

Categories: Appeals, Evidence at Hearing/Burden, Procedure, Sentencing

Summary

Victim of embezzlement may submit an impact statement to the Court of Appeal but may not present legal issues that were not raised by appellant or facts that are not in the record. Hannon, a former lawyer, was convicted of…

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Name: People v. Lozano

Case #: B263640

Opinion Date: 01/14/2016

Categories: Cruel and Unusual Punishment, Evidence at Hearing/Burden, Minor Found Unfit, Sentencing

Summary

Juvenile murderer's LWOP sentence reversed where trial court refused to hear evidence of her postconviction efforts to rehabilitate. When she was 16 years old, Lozano participated in a killing and, in 1996, was convicted of first degree murder with a…

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Name: People v. Superior Court (Kaulick)

Case #: B246632

Opinion Date: 04/30/2013

Categories: Evidence at Hearing/Burden, Prop 36 - Three Strikes, Sentencing

Summary

Under the Three Strikes Reform Act of 2012 (Proposition 36), on a resentencing petition, the prosecution is entitled to notice and opportunity to be heard on the issue of dangerousness and has the burden of proof by a preponderance of…

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Name: People v. Stuckey

Case #: C057782

Opinion Date: 07/09/2009

Categories: Constitutional Rights, Denial of Due Process, Evidence at Hearing/Burden, Sentencing

Summary

A defendant has no statutory right to appointment of an expert for a sentencing hearing and any constitutional right that may exist is qualified. Appellant was on probation in two cases for drug offenses when he was arrested for and…

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Name: People v. Ponce

Case #: B209918

Opinion Date: 03/25/2009

Categories: Evidence at Hearing/Burden, Limitations on, Sentencing

Summary

A three-year protective order for the victim of a robbery was unsupported by a showing of necessity and unauthorized. At appellant's sentencing hearing following a plea to robbery for the benefit of a street gang, the court issued a three-year…

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Name: People v. Lee

Case #: F052081

Opinion Date: 03/25/2008

Categories: Evidence at Hearing/Burden, Sentencing

Summary

The trial court has no independent obligation to obtain evidence to support a defendant's Romero request for dismissal of a prior "strike" conviction pursuant to Penal Code section 1385. Appellant filed a motion asking the trial court to dismiss a…

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Name: People v. Randall

Case #: C053878

Opinion Date: 09/18/2007

Categories: Evidence at Hearing/Burden, Legislation, Sentencing, Statutory Construction

Summary

Penal Code section 1191.1 permits a crime victim to attend all sentencing proceedings. Appellant was convicted of driving under the influence and causing great bodily injury to the victim S.H. Consistent with a plea agreement, appellant was sentenced to probation.…

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Name: People v. Ormiston

Case #: A094813

Opinion Date: 01/22/2003

Categories: All Other Crimes, Crimes, Evidence at Hearing/Burden, Sentencing

Summary

Walking while carrying drugs from one place to another qualifies as transportation. Here appellants conviction for transportation of methamphetamine (Health & Saf. Code, sec. 11379), was based upon the discovery of meth in his possession as he walked across a…

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Name: U.S. v. Munoz

Opinion Date: 12/06/2000

Categories: Evidence at Hearing/Burden, Sentencing

Summary

Generally, the factual findings underlying a conduct enhancement must be supported by a preponderance of the evidence. However, the Ninth Circuit, in an en banc opinion, has held that due process requires the district court to find a sentencing factor…

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