How to treat unadjudicated criminal activity as an aggravating factor in a sexual assault case?
California, United States of America
The following excerpt is from People v. Potts, 245 Cal.Rptr.3d 2, 436 P.3d 899, 6 Cal.5th 1012 (Cal. 2019):
consider that unadjudicated criminal activity as an aggravating factor only if the juror was satisfied, beyond a reasonable doubt, that defendant committed that activity. (See, e.g., People v. Robertson (1982) 33 Cal.3d 21, 53-55, 188 Cal.Rptr. 77, 655 P.2d 279 ; see also CALJIC No. 8.87.) The pattern instruction also
[6 Cal.5th 1054]
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