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People v. Nguyen, No. S154847

By FindLaw Staff on July 02, 2009 6:20 PM

Court of Appeals judgment is reversed where the absence of a constitutional or statutory right to jury trial under the juvenile law does not, under Apprendi, preclude the use of a prior juvenile adjudication of criminal misconduct to enhance the maximum sentence for a subsequent adult felony offense by the same person under California's Three Strikes law. 

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Appellate Information
Santa Clara County Super. Ct. No. CC476520
Filed: July 2, 2009

Judges
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by BAXTER, J.
Dissenting Opinion by KENNARD, J.

Counsel
For Plaintiff: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Donald E. de Nicola, Deputy State Solicitor General, René A. Chacón, Laurence K. Sullivan, Eric D. Share and Amy Haddix, Deputy Attorneys General.

For Defendant: Mary J. Greenwood, Public Defender, Seth Flagsberg, Deputy Public Defender; The Law Offices of Douglas L. Rappaport, Douglas L. Rappaport and Michelle M. Thomson.

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