Tooby's California Post-Conviction Relief for Immigrants
§ 8.40 (B)
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(B)
Vague Sentencing Scheme. “[V]ague sentencing provisions may pose constitutional questions if they do not state with sufficient clarity the consequences of violating a given criminal statute.”[164]
[164] United States v. Batchelder, 442 U.S. 114, 123 (1979)(dictum).
Updates
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CAL POST CON " SENTENCE " GROUNDS " SENTENCE MAY NOT BE BASED ON FACT FOUND NOT TRUE BY JURY
People v Lopez, 208 Cal.App.4th 1049, 146 Cal.Rptr.3d 113 (Aug. 22, 2012) (sentence cannot be based on a fact not found true by the jury).
