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State Courts -
California - May 15, 2007
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People v. Sayres, B188303,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 15, 2007, Filed
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Overview: In a rape case, any Sixth Amendment error by the trial court in imposing the upper term based on sentencing factors, other than prior convictions, not found by the jury was harmless error; defendant's prior prison term and his pattern of violent conduct were proper sentencing factors because they were derived from defendant's prior convictions.
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People v. Thoma, No. B170355,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 15, 2007, Filed
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Overview: Evidence in a drug case was insufficient to establish that defendant had a prior strike conviction because the record of his prior conviction under Veh. Code, ? 23153, subd. (a), for driving under the influence causing bodily injury did not establish that he caused great bodily injury; an alleged admission after the plea could not be considered.
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