People v. Hernandez

Opinion

ARGUELLES, J.

This case requires us to resolve whether a sentencing judge may impose an additional three-year term under Penal Code section 667.8 (kidnapping for purposes of rape) 1 when violation of that section was not pled or proven and was mentioned for the first time in a probation report. We conclude that such additional term may not be imposed, since a pleading and proof requirement should be implied as a matter of statutory interpretation and must be implied as a matter of due process.

Facts

The offense in this case occurred on the night of September 6, 1985, in Big Pine, Inyo…