Wilson v. Knowles, No. 07-17318 (9th Cir. 2011)
Annotate this CaseDefendant appealed the denial of his petition for a writ of habeas corpus in a driving under the influence with a prior felony conviction in 2000 where the trial judge conducted fact-finding of defendant's prior convictions in 1993. At issue was whether defendant's due process rights were violated under Apprendi v. New Jersey. The court reversed the district court's decision and held that no reasonable judge could rule that a conviction of causing bodily injury was the same as a conviction of causing great bodily injury, that a charge that might have been made and proved was equivalent to an actual conviction, and that the Apprendi exception was satisfied by a California court, seven years after the criminal proceedings were completed.
This opinion or order relates to an opinion or order originally issued on February 8, 2011.
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