Legal Opinion
People v. Marin
California Court of Appeal
Decided October 7, 2015No. B256748PublishedCited by 13 opinions
1Opinion of the Court
Opinion
WILLHITE, J.
A jury convicted defendant Silvestre Cano Marin of felony driving under the influence, among other offenses. Following a prior appeal and remand, a different jury found that his prior conviction of vehicular manslaughter qualifies as a strike under the “Three Strikes” law. The trial court enhanced defendant’s sentence based on this finding. In his current appeal, defendant challenges the strike finding, contending that (1) it must be vacated for insufficient evidence and instructional error, (2) the United States Supreme Court decision in Descamps v. United States (2013)…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Descamps v. United StatesSupreme Court of the United States · 2013
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. GallardoCalifornia Supreme Court · 2017
- People v. DenardCalifornia Court of Appeal · 2015
- People v. NavaretteCalifornia Court of Appeal · 2016
- People v. JohnsonCalifornia Court of Appeal · 2016
- People v. Hudson, California Court of Appeal, 5th District2018
8 more not listed; retrieve them via the Exa API.