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PEOPLE v. McGEE

S123474 | California State Supreme Court

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Filed March 19, 2004
Issues Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. This case presents the following issue: Under Apprendi v. New Jersey (2000) 530 U.S. 466, was defendant entitled to a jury trial on the question whether his prior conviction for robbery in Nevada constituted a serious felony for purposes of sentencing under the three strikes law when the elements of the Nevada offense differed from the elements of robbery under California law and the sentencing issue thus depended upon whether the record of the prior conviction established that defendant's prior conduct amounted to robbery under California law?
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Last Updated: 7 years, 9 months ago
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