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People v. Singh

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eBook details

  • Title: People v. Singh
  • Author : Court of Criminal Appeals of Oklahoma
  • Release Date : January 18, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The defendant, by his attorney, filed a motion pursuant to CPL 440.20, dated February 13, 2004, in which he seeks to set aside his sentence as illegally imposed. Specifically, the defendant claims that his sentence as a persistent felony offender pursuant to PL 70.10 is illegal, because the statute is unconstitutional based on the doctrine of Apprendi v. New Jersey, 530 US 466 (2000), which requires a jury finding beyond a reasonable doubt of the particular statutory facts allowing an enhanced sentence.


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