Is a prior conviction of counterfeiting an aggravating factor in determining a sentence?

California, United States of America


The following excerpt is from People v. Easley, 196 Cal.Rptr. 309, 34 Cal.3d 858, 671 P.2d 813 (Cal. 1983):

In response, the Attorney General first contends that because it was defendant himself who--during the testimony of his parole officer as a favorable defense witness--brought the counterfeiting prior to the jury's attention, he should not be able to complain about potential prejudice flowing from that conviction. While it is not clear that defendant was the first to breach the subject, 20 even if he was, he plainly did not "invite" the trial court's instruction which erroneously advised the jury that the prior conviction was a statutorily designated aggravating factor which should be considered in determining sentence. (See, e.g., People v. Graham, supra, 71 Cal.2d 303, 317-322, 78 Cal.Rptr. 217, 455 P.2d 153.) Accordingly, he is entitled to object to the improper instruction here.

Other Questions


When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is an aggravating factor in determining a sentence for a convicted rapist? (California, United States of America)
In what circumstances will a jury consider other crimes as aggravating factors in sentencing a convicted murderer's sentence? (California, United States of America)
When a defendant claims the trial court made an impermissible dual use of a fact to support both an enhancement and an aggravating factor in his conviction for assault, what is the test for determining whether the sentence should be increased or reduced? (California, United States of America)
Is marijuana use an aggravating factor in determining the sentence of a driver convicted of manslaughter with gross negligence while intoxicated? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
In what circumstances will a jury consider a defendant's prior armed robbery convictions as an aggravating factor in determining that he committed two other crimes? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
When a trial court properly finds that S.D's vulnerability as an aggravating factor in determining the appropriate sentence for perjury, can defense counsel object to the additional factor of suborning perjury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.