What is the pleading and proof required for the aggravated white collar crime enhancement?
California, United States of America
The following excerpt is from People v. Graham, C077246 (Cal. App. 2019):
"The aggravated white collar crime enhancement has an unambiguous pleading and proof requirement. Subdivision (b)(1) of section 186.11 provides: 'The additional prison term and penalties provided for in subdivisions (a), (c), and (d) shall not be imposed unless the facts set forth in subdivision (a) are charged in the accusatory pleading and admitted or found to be true by the trier of fact.' " (People v. Nilsson (2015) 242 Cal.App.4th 1, 15-16.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the prosecution adequately plead the aggravated white collar crime enhancement and probation-exclusion provision? (California, United States of America)
Is there any authority holding that the crime of aggravated kidnap requires proof of a "criminologically significant increase" of risk of harm as an element? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Can a motion to dismiss a white collar crime enhancement under section 1385 be heard before the trial court? (California, United States of America)
What is the current state of the law on white collar crime and money laundering enhancements? (California, United States of America)
Does a court err when it refuses to use black-and-white photographs of a crime scene to "sanitize" the crime scene by trying to disguise blood? (California, United States of America)
In what circumstances will a jury find that a prosecutor's comment that a victim consented to the crime was not an aggravating factor under section 190.3 aggravation be harmless? (California, United States of America)
Does the requirement of proof of every element of a crime beyond a reasonable doubt apply to jury instructions in a state criminal trial? (California, United States of America)
Are instructions to the jury in a state criminal trial that merely omit a proper description of the requirement of proof of every element of the crime beyond a reasonable doubt? (California, United States of America)
What is the difference between the requirement of proof beyond a reasonable doubt and the test required by the Sixth Amendment? (California, United States of America)
