Is a sentence beyond the statutory maximum based on a fact other than a prior conviction not found by a jury to be an aggravating factor?
California, United States of America
The following excerpt is from The People v. Delgado, B217903, No. BA276341 (Cal. App. 2010):
sentence beyond the statutory maximum based on a fact, other than a prior conviction, not found by a jury or admitted by the defendant. [Citations.]" (Cunningham v. California, supra, 549 U.S. at pp. 274-275, 288.) Thus, since the jury did not find appellant's aggravating factor true, his upper term sentence was constitutionally infirm thereby necessitating remand for resentencing.
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