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Def Atty says TX determinate sentencing statute is unconstitutional under Apprendi - b/c person can go to TDC without a jury determination at the Transfer Hearing.

I have found some cases, but was wondering if anyone has foughthits fight already? If so, any help would be appreciated.
 
Posts: 10 | Location: Bryan, TX | Registered: March 24, 2006Reply With QuoteReport This Post
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That's a new one to me.

I thought Apprendi's jury determination rule only applied to facts or elements of a crime that could increase a punishment range? How does that apply to what is, essentially, an administrative decision over which penal system the defendant will serve his sentence in? Even though it can make a substantial difference in how and where the sentence is served, a transfer hearing is more like a parole hearing than a trial, IMO.

Confused
 
Posts: 2395 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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Add to that the line of fed cases (albeit pre-Apprendi) saying that juvi's have no constitutional right to a jury trial (Texas creates that right by statute) and you should be fine.
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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