Is a defendant entitled to a greatly enhanced sentence based upon facts found exclusively by the sentencing judge and not by the jury?
California, United States of America
The following excerpt is from People v. Johnson, 188 Cal.App.3d 182, 232 Cal.Rptr. 202 (Cal. App. 1986):
"[S]erious constitutional questions of [188 Cal.App.3d 189] due process of law are raised where a defendant is given a greatly enhanced sentence based upon facts found exclusively by the sentencing judge and not by the jury." (People v. Foley (1985) 170 Cal.App.3d 1039, 1055, 216 Cal.Rptr. 865.)
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