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Criminal

Feb. 1, 2007

Open Sentence

FORUM COLUMN - By Michael C. McMahon - A Ventura public defender suggests some legislative fixes to California's sentencing system.

Forum Column

By Michael C. McMahon
     
      California's Determinate Sentencing Law is unconstitutional, at least in part. Cunningham v. California, 2007 DJDAR 1003 (U.S. Sct. Jan. 22, 2007). Under the current sentencing law, an aggravated or "upper term" prison sentence may be imposed only when the trial judge finds one or more aggravating circumstances above and beyond the elements of the of...

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