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California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing

by Sam Rutherford

The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of fact nor admitted to by the defendant in open court when resentencing the defendant pursuant to California Penal Code § 1172.6. ...

 

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