Kessee v. Mendoza-Powers, No. 07-56153

In the state's appeal from the District Court's order conditionally granting Petitioner's habeas petition, the order is reversed where the sentencing judge's finding that Petitioner had committed crimes while on probation fell within Apprendi's "prior conviction" exception.

Read Kessee v. Mendoza-Powers, No. 07-56153

Appellate Information

Argued and Submitted May 4, 2009

Filed June 23, 2009

Judges

Before: John T. Noonan, Diarmuid F. O'Scannlain, and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber

Counsel

Rama R. Maline, Deputy Attorney General of the State of California, Los Angeles, CA

Johanna S. Schiavoni, Latham & Watkins LLP, San Diego, CA