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Legal Opinion

People v. Whitehouse

California Court of Appeal

Decided November 21, 1980No. Docket Nos. 11458, 11459PublishedCited by 27 opinions

1Opinion of the Court

Opinion

WORK, J.

This appeal poses as its major question: where two enhancements arising from the same offense are alleged and proved, may the sentencing court impose only the higher consecutive to the base term and, in addition, aggravate the base term by utilizing the facts underlying the nonimposed true finding? We conclude such a procedure is proper where facts used to aggravate are not necessarily included in the imposed enhancement.

Factual Background

Michael Whitehouse was charged in three informations with unrelated offenses: One charging nine counts of forgery; another, arson of an…

2Cases cited7 opinions

  1. People v. HarveyCalifornia Supreme Court · 1979
  2. People v. BlessingCalifornia Court of Appeal · 1979
  3. People v. WalkerCalifornia Court of Appeal · 1978
  4. People v. DavisCalifornia Court of Appeal · 1980
  5. People v. OrrCalifornia Court of Appeal · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. People v. LedesmaCalifornia Supreme Court · 1997
  2. People v. YuCalifornia Court of Appeal · 1983
  3. People v. PriceCalifornia Court of Appeal · 1984
  4. People v. EdwardsCalifornia Court of Appeal · 1981
  5. In Re SpearsCalifornia Court of Appeal · 1984

22 more not listed; retrieve them via the Exa API.

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