People v. Smith
California Court of Appeal
1Opinion of the Court
*1075Opinion
PERLUSS, P. J.
Johnell Wyne Smith was convicted after a jury trial of residential burglary. The jury also found true the special allegation that Smith had suffered two prior juvenile adjudications for robberies committed when he was 16 years old.1 Based on the jury’s findings, Smith was sentenced as a third strike offender to an aggregate term of 30 years to life in state prison.
Relying on Apprendi v. New Jersey (2000) 530 U.S. 466 [120 S.Ct. 2348, 147 L.Ed.2d 435] (Apprendi) and United States v. Tighe (9th Cir. 2001) 266 F.3d 1187 (Tighe), Smith’s sole contention on appeal is that it…
2Cases cited26 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Ring v. ArizonaSupreme Court of the United States · 2002
- Solem v. HelmSupreme Court of the United States · 1983
- Jones v. United StatesSupreme Court of the United States · 1999
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3Cited by22 opinions
- Boyd v. NewlandCourt of Appeals for the Ninth Circuit · 2006
- People v. NguyenCalifornia Supreme Court · 2009
- People v. Superior CourtCalifornia Court of Appeal · 2003
- People v. LeeCalifornia Court of Appeal · 2003
- Mobassa Boyd v. Anthony C. Newland, WardenCourt of Appeals for the Ninth Circuit · 2004
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