California

Blakely v. Washington in California Law

How Blakely v. Washington applies in California: state-specific rules, key cases, and bar exam notes for Criminal Procedure.

State Approach

California follows the principles established in Blakely by adhering to the requirement that any facts increasing the penalty for a crime must be submitted to a jury. Cal. Penal Code § 1170(d)(1) and case law enforce this right to jury determination in sentencing enhancements.

State Rule
Under California law, a sentence enhancement based on facts not found by a jury is impermissible, aligning with the Sixth Amendment rights recognized in Blakely.
Significant State Cases

People v. Black

The California Supreme Court held that sentencing enhancements must be based on findings by a jury unless the defendant waives this right.

People v. Sandoval

The court reaffirmed that a trial court cannot impose upper-term sentences based on factual findings made without a jury.

People v. McGee

The ruling emphasized that facts leading to longer sentences must be submitted to a jury for consideration.

Comparison to Federal Law

California's application of Blakely aligns closely with federal standards, emphasizing jury rights in sentencing. However, California law also incorporates additional statutory rules that may further protect defendants’ rights beyond what is required federally.

Bar Exam Note

Understanding the implications of Blakely is vital for the California bar exam, particularly in the context of sentencing enhancements and jury trial rights.

Practice Pointers
  • Always confirm whether any facts leading to sentencing enhancement have been submitted to a jury.
  • Familiarize yourself with California's statutory approach to sentencing enhancements under § 1170.
  • Utilize precedent from California cases to support arguments regarding jury determinations in sentencing.

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