California, United States of America
The following excerpt is from People v. Estrada, A117840 (Cal. App. 4/22/2008), A117840 (Cal. App. 2008):
While defendant concedes that three of the four aggravating elements found by the court, including numerous prior convictions, are "arguably `recidivist-related,' " he claims they fall outside of the recidivism exception because they go beyond the mere fact of a prior conviction. Black expressly rejected that proposition. (People v. Black, supra, 41 Cal.4th at pp. 817-820.) "The determinations whether a defendant has suffered prior convictions, and whether those convictions are `numerous or of increasing seriousness' [citation] require consideration of only the number, dates, and offenses of the prior convictions alleged. . . . This type of determination is "quite different from the resolution of issues submitted to a jury, and is one more typically and appropriately undertaken by a court.' " (Id. at pp. 819-820.) There was no sentencing error.
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