(Download) "People v. Nguyen" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Nguyen
- Author : Colorado Supreme Court
- Release Date : January 29, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 95 KB
Description
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 Courts opinions in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) and Blakely v. Washington (2004) 542 U.S. 296 (Blakely). In concluding that it is, we respectfully disagree with our colleagues on this court and others, and join the small but growing number of courts across the county that have likewise concluded that Apprendi and its progeny compel us to recognize that the Sixth Amendment right to a jury trial is an integral part of the process that is due before a prior conviction may be used to increase the maximum sentence for a criminal offense.