What is the test for an application to aggravate a sentence based on a prior conviction for sexual assault against a minor?

California, United States of America


The following excerpt is from People v. La Fargue, 147 Cal.App.3d 878, 195 Cal.Rptr. 438 (Cal. App. 1983):

Coffey also requires that any constitutional attack specify the grounds and be made at the earliest opportunity. (People v. Coffey, supra, 67 Cal.2d 204, 215, 60 Cal.Rptr. 457, 430 P.2d 15.) In this case the earliest opportunity to attack the prior conviction was at the sentencing hearing. Appellant's trial counsel was apparently unaware of it, having asked the court to mitigate sentence based upon the absence of prior convictions. The district attorney also made no reference to the Cuban conviction in outlining the factors she relied upon to request aggravation. But for the reference in the probation report, apparently the issue would not have been raised.

Other Questions


What if the jury had been asked to convict Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple convictions and sentences based on a single conviction and sentence for a single assault? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
Is a sexual assault conviction for the sexual penetration of a minor sufficient to warrant a full, separate, and consecutive sentence? (California, United States of America)
Can a defendant who sexually assaults a child under age 14 be convicted of both sexual assault and lewd conduct based on the same act? (California, United States of America)
Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What are the consequences of Defendant's two prior convictions for sexual assault on a minor? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.