[DOWNLOAD] "People V. Seel" by In the Supreme Court of California ~ eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Seel
• Author : In the Supreme Court of California
• Release Date : January 29, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

In 1996, we held that an allegation prescribing a greater punishment for an attempt to commit murder that is "willful, deliberate, and premeditated" (Pen. Code, *fn2 § 664, subd. (a) (section 664(a)) constituted a penalty provision to which double jeopardy protections do not apply. (People v. Bright (1996) 12 Cal.4th 652, 656-657 (Bright).) Several years later, in a case not involving double jeopardy, the United States Supreme Court concluded that any fact other than a prior conviction that increases punishment beyond the prescribed statutory maximum "is the functional equivalent of an element of a greater offense than the one covered by the jury's guilty verdict." (Apprendi v. New Jersey (2000) 530 U.S. 466, 494, fn. 19 (Apprendi).) *fn3

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