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PEOPLE v. McGEE

No. A097749.

9 Cal.Rptr.3d 586 (2004)

The PEOPLE, Plaintiff and Respondent, v. James Corey McGEE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

Review Granted April 28, 2004.

Attorney(s) appearing for the Case

John A.W. Halley, under appointment by the Court of Appeal, Redwood City, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, John H. Deist and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

GEMELLO, 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 announced that the federal due process clause entitles criminal defendants to a jury trial on all factual issues, other than the fact of a prior conviction, that increase...

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