Legal Opinion

Thompson v. Superior Court

California Court of Appeal

Decided July 31, 2001No. B144625PublishedCited by 9 opinions

1Opinion of the Court

*147Opinion

ALDRICH, J.

In this case, we must decide whether the People are required to present evidence supporting “Three Strikes” prior conviction allegations at preliminary hearings. Petitioner Jermaine Marquice Thompson was charged with possession of cocaine. The complaint also alleged he had suffered two prior convictions within the meaning of the Three Strikes law. While acknowledging that California courts have held proof of strike priors is not required at preliminary hearings, Thompson argues that in light of the United States Supreme Court’s decision in Apprendi v. New Jersey (2000) 530…

2Cases cited34 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Jones v. United StatesSupreme Court of the United States · 1999
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. Monge v. CaliforniaSupreme Court of the United States · 1998

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3Cited by9 opinions

  1. People v. ScullyCalifornia Supreme Court · 2021
  2. People v. ChappleCalifornia Court of Appeal · 2006
  3. People v. RobinsonCalifornia Court of Appeal · 2004
  4. People v. CasillasCalifornia Court of Appeal · 2001
  5. Barragan v. Superior CourtCalifornia Court of Appeal · 2007

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