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People V. Mancebo

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eBook details

  • Title: People V. Mancebo
  • Author : California Supreme Court
  • Release Date : January 11, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

In this case we address a claim of sentencing error under Penal Code section 667.61, *fn1 also known as the "One Strike" law, and section 12022.5, subdivision (a) (section 12022.5(a)), which provides generally for a fixed-term enhancement for personal gun use in connection with conviction of a felony offense. The validity of the One Strike sentence imposed in this case is not contested. Rather, the narrow question presented is whether the circumstance of gun use was available to support two section 12022.5(a) enhancements when gun use had already been properly pled and proved as a basis for invoking One Strike sentencing. The answer requires close examination of the pleading and proof requirements of the One Strike law.


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