No. 18-9664

Lilron Ravon Jones v. California

Lower Court: California
Docketed: 2019-06-13
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Whether it is constitutionally permissible to use a prior juvenile adjudication to enhance a sentence regardless of whether the juvenile had a right to a jury trial in that prior proceeding?

Question Presented (OCR Extract)

Question Presented In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), this Court held that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” This case concerns the application of Apprend/ to non-jury juvenile adjudications. California courts here have held that petitioner’s juvenile adjudication fell within Apprendi'’s prior conviction exception and hence could be used to enhance his sentence for a subsequent criminal conviction without being proved to ajury. That decision implicates an important and recurring constitutional question, which has split federal and state courts of appeal. The importance of resolution of this conflict is particularly great in light of this Court’s decisions in in Descamps and Mathis. Under those cases, a fact cannot be used to enhance a sentence unless it is found true by a jury (as an element of the prior charge). This narrowed the reading of the prior conviction exception to Apprendi and underscored that the right to a jury trial is an indispensable procedural protection, i without which the prior cannot be used for enhancement purposes. Descamps and Mathis counsel in favor of not allowing the use of prior juvenile adjudications to enhance a current adult sentence if the right to a jury trial was not available in the prior juvenile adjudication proceeding. And the question presented is whether it is constitutionally permissible to use a prior juvenile adjudication to enhance a sentence regardless of whether the juvenile had a right to a jury trial in that prior proceeding? il

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-04
Reply of petitioner Lilron Jones filed.
2019-10-01
Brief of respondent California in opposition filed.
2019-08-23
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2019.
2019-08-15
Motion to extend the time to file a response from September 4, 2019 to October 4, 2019, submitted to The Clerk.
2019-08-05
Response Requested. (Due September 4, 2019)
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-17
Waiver of right of respondent State of California to respond filed.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2019)

Attorneys

California
Seth Kasel SchalitAttorney General's Office, Respondent
Seth Kasel SchalitAttorney General's Office, Respondent
Lilron Jones
Gene David Vorobyov — Petitioner
Gene David Vorobyov — Petitioner