Is a fact that is an element of the crime to a greater term?
California, United States of America
The following excerpt is from People v. Moore, D071743 (Cal. App. 2018):
using a fact that is an element of the crime to impose a greater term].) She argues fraud is "any act . . . that involves a breach of duty, trust, or confidence." (People v. Talbot (1934) 220 Cal. 3, 15 [citing dictionary definition].) "A sentencing factor is an element of the offense if the crime as defined by statute cannot be accomplished without the performance of the acts which constitute such factor." (People v. Clark (1992) 12 Cal.App.4th 663, 666.)
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