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