(F)Unreliable Hearsay.  Hearsay evidence is generally admissible at sentencing, but a defendant clearly has a due process right not to be sentenced on the basis of materially incorrect information.  “[S]ome minimal indicia of reliability [must] accompany a hearsay statement,”[190] and unreliable hearsay must be excluded.[191]  A new sentencing hearing will be ordered where the defendant can show the hearsay was (1) false or unreliable, and (2) demonstrably made the basis for the sentence.[192] 

[190] See United States v. Huckins, 53 F.3d 276, 279 (9th Cir. 1995); United States v. Petty, 982 F.2d 1365, 1369 (9th Cir. 1993), cert. denied, 114 S.Ct. 683 (1994).  

[191] United States v. Pinto, 48 F.3d 383, 389 (9th Cir.), cert. denied, 133 L. Ed. 2d 74, 116 S.Ct. 125 (1995); United States v. Ponce, 51 F.3d 820, 828 (9th Cir. 1995) (holding that hearsay statements must be corroborated by extrinsic evidence). 

[192] See United States v. Huckins, 53 F.3d 276, 279 (9th Cir. 1995); United States v. Hanna, 49 F.3d 572 at 577 (9th Cir. 1994); United States v. Messer, 785 F.2d 832, 834 (9th Cir. 1986).

Ninth Circuit

SENTENCE " GROUNDS " APPRENDI ERROR IN SENTENCING DEFENDANT UNDER THREE STRIKES LAW ON THE BASIS OF FACTS IN THE PRIOR CASE THAT WERE NOT FOUND TRUE BY A JURY OR ADMITTED AS TRUE BY THE DEFENDANT
Wilson v. Knowles, ___ F.3d ___, 2011 WL 383961 (9th Cir. Feb. 8, 2011)(habeas corpus granted, vacating Three Strikes sentence imposed in violation of petitioner's right to due process under Apprendi v. New Jersey, 530 U.S. 466 (2000), where sentencing court imposed the sentence on the basis of three facts in the prior case that were not found true by a jury or admitted as true by the defendant).

SENTENCE " GROUNDS " APPRENDI ERROR IN SENTENCING DEFENDANT UNDER THREE STRIKES LAW ON THE BASIS OF FACTS IN THE PRIOR CASE THAT WERE NOT FOUND TRUE BY A JURY OR ADMITTED AS TRUE BY THE DEFENDANT
Wilson v. Knowles, ___ F.3d ___, 2011 WL 383961 (9th Cir. Feb. 8, 2011)(habeas corpus granted, vacating Three Strikes sentence imposed in violation of petitioner's right to due process under Apprendi v. New Jersey, 530 U.S. 466 (2000), where sentencing court imposed the sentence on the basis of three facts in the prior case that were not found true by a jury or admitted as true by the defendant).

SENTENCE " GROUNDS " APPRENDI ERROR IN SENTENCING DEFENDANT UNDER THREE STRIKES LAW ON THE BASIS OF FACTS IN THE PRIOR CASE THAT WERE NOT FOUND TRUE BY A JURY OR ADMITTED AS TRUE BY THE DEFENDANT
Wilson v. Knowles, 631 F.3d 1295, 2011 WL 383961 (9th Cir. Feb. 8, 2011)(habeas corpus granted, vacating Three Strikes sentence imposed in violation of petitioner's right to due process under Apprendi v. New Jersey, 530 U.S. 466 (2000), where sentencing court imposed the sentence on the basis of three facts in the prior case that were not found true by a jury or admitted as true by the defendant).

Other

CAL POST CON " PLEA BARGAINING " JUDICIAL INVOLVEMENT
People v. Clancey, 202 Cal.App.4th 790 (Cal.App. Jan. 10, 2012) (trial court's offered sentence was not proper because it was: 1) conditioned on the defendant pleading to all counts and admitting all allegations, and 2) operated as a commitment by the judge to impose the offered sentence or to allow the defendant to withdraw the pleas and admissions).