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State Courts -
California - January 7, 2008
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People v. Jefferson, B192952,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 7, 2008, Filed
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Overview: In a case in which two defendants were convicted of murder, defendants were not interrogated in violation of their Miranda rights where, unbeknownst to them, police put defendants in a bugged jail cell and got defendants to make incriminating statements.
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People v. McFearson, F051882,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 7, 2008, Filed
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Overview: Trial court's dual use of the fact of defendant's prior felony convictions to impose an aggravated sentence and to enhance the sentence under Pen. Code, ? 667.5, subd. (b), was improper under Pen. Code, ? 1170, subd. (b), and Cal. Rules of Court, rule 4.420(c); no distinction should have been made between a prior conviction and a prior prison term.
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