The PEOPLE, Plaintiff and Respondent,
v.
Arturo PRIETO, Defendant and Appellant.
Court of Appeals of California, Second District, Division Six.https://leagle.com/images/logo.png
December 7, 2004.
Review Granted February 23, 2005.
Attorney(s) appearing for the Case
Edward H. Schulman, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Robert F. Katz, Deputy Attorney General, for Plaintiff and Respondent.
Court of Appeals of California, Second District, Division Six.
COFFEE, J.
In Apprendi v. New Jersey (2000) 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (Apprendi), the United States Supreme Court held: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt." Recently, the Supreme Court clarified that the "statutory maximum" for purposes...
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