P. v. Hall
Annotate this CaseIn California, a defendant, Gary Marcus Hall, convicted of two counts of committing lewd or lascivious acts on a child under the age of 14 years, challenged his sentence on several grounds. He argued that the court (and the parties) mistakenly assumed he was presumptively ineligible for probation, that the aggravating factors found by the court were not pleaded, and that the court erred in finding aggravating factors in the absence of his personal waiver in open court of his right to jury trial on the facts supporting such factors. The California Court of Appeal, First Appellate District, Division One, affirmed the defendant's 10-year prison sentence, rejecting all his arguments. The court found that the defendant had waived his objections by failing to raise them at trial. It also held that the defendant's constitutional right to a jury trial was not violated by the trial court's reliance on a properly established aggravating factor—namely, the defendant's prior convictions.
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