Does a defendant have a Sixth Amendment right to a jury find the facts necessary to determine their eligibility to have their sentence reduced under Proposition 36?

California, United States of America


The following excerpt is from People v. Baumer, D069606 (Cal. App. 2017):

We conclude that there is no Sixth Amendment right to have a jury find the facts necessary to determine a defendant's eligibility to have his or her sentence reduced under Proposition 36. (See People v. Guilford (2014) 228 Cal.App.4th 651, 663.)

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