California, United States of America
The following excerpt is from People v. Hood, 168 Cal.Rptr.3d 74 (Cal. App. 2014):
In response to our request, Hood argues he is eligible for probation because the People did not meet their burden under the Sixth Amendment to prove he was on felony probation when he committed the current serious felony offenses. (See U.S. Const., 6th Amend. ["In all criminal prosecutions, the accused shall enjoy the right to a ... trial, by an impartial jury...."]; Duncan v. Louisiana (1968) 391 U.S. 145, 149, 88 S.Ct. 1444, 20 L.Ed.2d 491 [6th Amend. jury trial right applies through due process clause of 14th Amend. to state criminal proceedings].) The People do not reply to Hood's constitutional argument.
[168 Cal.Rptr.3d 79]
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