Does the use of unadjudicated criminal activity as an aggravating factor in a sexual assault case constitute an aggravative factor?
California, United States of America
The following excerpt is from People v. Thomas, 11 Cal. Daily Op. Serv. 1656, 121 Cal.Rptr.3d 521, 2011 Daily Journal D.A.R. 1966, 247 P.3d 886, 51 Cal.4th 449 (Cal. 2011):
( People v. Hillhouse (2002) 27 Cal.4th 469, 507, 117 Cal.Rptr.2d 45, 40 P.3d 754), and that the expiration of the statute of limitations bars the use of unadjudicated criminal activity as an aggravating factor ( People v. Hartsch (2010) 49 Cal.4th 472, 515, 110 Cal.Rptr.3d 673, 232 P.3d 663).
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