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PEOPLE v. MARCHAND

No. C037215.

120 Cal.Rptr.2d 687 (2002)

98 Cal.App.4th 1056

The PEOPLE, Plaintiff and Respondent, v. Harold Paul MARCHAND, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied August 14, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Alison Elle Alemán, Deputy Attorney General, for Plaintiff and Respondent.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

Certified for Partial Publication.*

RAYE, J.

In Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (Apprendi), the United States Supreme Court held that under the Fourteenth Amendment to the United States Constitution, "`any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury...

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