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PEOPLE v. NGUYEN

No. H028798.

62 Cal.Rptr.3d 255 (2007)

152 Cal.App.4th 1205

The PEOPLE, Plaintiff and Respondent, v. Vince Vinthuong NGUYEN, Defendant and Appellant.

Court of Appeal of California, Sixth District.

June 29, 2007.

Attorney(s) appearing for the Case

Mary J. Greenwood, Public Defender, Seth Flagsberg, Deputy Public Defender, Dallas Sacher, Santa Clara, As Amicus Curiae under appointment by the Court of Appeal, for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Appellant.

McADAMS, J.

The sole issue in this appeal is whether "the role of the jury [is] diminished and eroded in violation of the Sixth and Fourteenth Amendments to the United States Constitution" by the use of juvenile adjudications to increase the maximum punishment for an offense, in light of the United States Supreme Court's opinions in Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (Apprendi)...

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