Does reliance on a fact pertaining to an earlier crime to aggravate another crime violate double jeopardy or ex post facto principles?
California, United States of America
The following excerpt is from People v. Graham, 53 Cal.App.4th 1288, 62 Cal.Rptr.2d 336 (Cal. App. 1997):
7 To the extent appellant's contention touches upon ex post facto considerations, we reject it. Reliance on a fact pertaining to an earlier crime to aggravate another crime does not constitute punishment for the former crime and, hence, does not violate double jeopardy or ex post facto principles. (People v. Brown (1984) 156 Cal.App.3d 1131, 1135-1136, 203 Cal.Rptr. 141.)
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