Does a defendant have a right to fair notice of the allegations that will be invoked to increase the punishment for his crimes?

California, United States of America


The following excerpt is from People v. Baez, G049120 (Cal. App. 2015):

"A defendant has a due process right to fair notice of the allegations that will be invoked to increase the punishment for his or her crimes. [Citation.]" (People v. Houston (2012) 54 Cal.4th 1186, 1227.) However, even when the indictment fails to allege each fact required by the statute in question, that does not mean the defendant's due process rights have been violated. (Id. at pp. 1225-1229.) "California's system of criminal pleading under [Penal Code] section 952 relies in part upon the transcript of the grand jury hearing or preliminary examination which must be furnished to the defendant to inform him of particular circumstances of his offense not shown by the accusatory

Page 16

Other Questions


Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Does a statute retroactively increase the punishment for a crime committed after the crime has been committed violate the ex post facto clause? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Is an ex post facto law that increases the punishment associated with the crime after the crime has been committed? (California, United States of America)
Can a court apply an increased minimum restitution fine retroactively to a defendant whose crime occurred prior to the increase in the maximum restitution fine? (California, United States of America)
Does Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.