Legal Opinion
People v. Hernandez
California Supreme Court
Decided December 24, 1998No. S047306PublishedCited by 22 opinions
1Opinion of the Court
Opinion
CHIN, J.
In this case, we consider whether either the state or federal prohibition against double jeopardy bars a trial court from changing its ruling on the applicability of a sentence enhancement.
Following defendant’s conviction on various felony charges, the trial court considered whether he should receive a five-year sentence enhancement under Penal Code section 667, former subdivision (a) (now designated subdivision (a)(1)),1 because he had a prior serious felony conviction. The trial court agreed with the prosecution that defendant had a prior serious felony conviction, but it…
2Cases cited7 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- North Carolina v. PearceSupreme Court of the United States · 1969
- Williams v. New YorkSupreme Court of the United States · 1949
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Monge v. CaliforniaSupreme Court of the United States · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. HansonCalifornia Supreme Court · 2000
- People v. SeelCalifornia Supreme Court · 2004
- People v. StatumCalifornia Supreme Court · 2002
- Peracchi v. Superior CourtCalifornia Supreme Court · 2003
- People v. BlackburnCalifornia Court of Appeal · 1999
17 more not listed; retrieve them via the Exa API.