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(DOWNLOAD) "People V. Hernandez" by Supreme Court Of California " Book PDF Kindle ePub Free

People V. Hernandez

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eBook details

  • Title: People V. Hernandez
  • Author : Supreme Court Of California
  • Release Date : January 04, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

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)*fn1 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.


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