Is a defendant's prior prior conviction for assault a violation of the Sixth Amendment?

California, United States of America


The following excerpt is from People v. Cannan, G040991 (Cal. App. 6/15/2009), G040991. (Cal. App. 2009):

Finally, defendant claims the court trial on the nature of his Arizona prior conviction violated his Sixth Amendment rights as construed in Apprendi v. New Jersey, supra, 530 U.S. 466. The applicable law is to the contrary.

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