California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.
When resentencing a defendant under section 1172.75, the trial court may reimpose an upper term using aggravating facts the defendant already stipulated to — no new jury findings required.
Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6’s full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica’s Law).
Second District rejects facial Second Amendment challenges to California’s prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.