Speaking of Apprendi-land, tomorrow the California Supreme Court will announce its decision in People v. Nguyen, S154847. Notice is here. "This case presents the following issue: Can a prior juvenile adjudication of a criminal offense in California constitutionally subject a defendant to the provisions of the three strikes law (Pen. Code, ยงยง 667, subds. (b)-(i), 1170.12) although there is no right to a jury trial in juvenile wardship proceedings in this state?"
Update (7/2): Answer: yes (6-1).
Update (7/2): Answer: yes (6-1).
I saw oral argument for this case. My prediction: Cal Supreme will follow the US Supreme's rationale in Oregon v. Ice regarding imposition of concurrent sentences (i.e. find prior juvies ok for strikes because there is no historical right to jury trial for juvenile adjudications).