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PEOPLE v. CLEVELAND

No. B139266.

104 Cal.Rptr.2d 641 (2001)

87 Cal.App.4th 263

The PEOPLE, Plaintiff and Respondent, v. Leo CLEVELAND, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Review Denied May 23, 2001.

Attorney(s) appearing for the Case

Stephen Temko, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Victoria Bedrossian and Darryl C. Hottinger, Deputy Attorneys General, for Plaintiff and Respondent.

WOODS, J.

In Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435, the Supreme Court held that any fact that increases the penalty for a crime beyond the prescribed statutory maximum for the crime must be submitted to a jury and proved beyond a reasonable doubt. In view of Apprendi Leo Cleveland contends the issue of whether under Penal Code section...

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