People v. Cleveland

Opinion

WOODS, J.

In Apprendi v. New Jersey (2000) 530 U.S. 466 [120 S.Ct. 2348, 147 L.Ed.2d 435], the Supreme Court held that any fact that increases the penalty for a crime beyond the prescribed statutory maximum for the crime must be submitted to a jury and proved beyond a reasonable doubt. In view of Apprendi, Leo Cleveland contends the issue of whether under Penal Code section 6541 a defendant has a separate “intent and objective” for multiple offenses occurring during a course of criminal conduct, is a factual *266question for a jury to determine under the “reasonable doubt” standard.…