Does a court have to rely on aggravating facts that were not found true by the jury?

California, United States of America

The following excerpt is from People v. Boyd, 2d Crim. No. B254044 (Cal. App. 2015):

Aside from appellant's speculation as to the reasons for her acquittal, the court was entitled to rely on aggravating facts that were not found true by the jury. (Black, supra, 41 Cal.4th at p. 808; 1170, subd. (b).) "Nothing in the applicable statute or rules suggests that a trial court must ignore evidence related to the offense of which the defendant was convicted, merely because that evidence did not convince a jury that the defendant was guilty beyond a reasonable doubt of related offenses." (People v. Towne (2008) 44 Cal.4th 63, 85-86.) Moreover, "[f]acts relevant to sentencing need be proved only by a preponderance of the evidence, and '"an acquittal in a criminal case does not preclude the Government from relitigating an issue when it is presented in a subsequent

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Does a court have to rely on aggravating facts that were not found true by the jury?

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