P. v. Alanis CA5
For purposes of the worktime credit limitation contained in section 2933.1 of the Penal Code, can a trial court make the finding a person other than an accomplice was present in the residence, which is necessary to turn first degree burglary into a “ ‘violent felony’ ” within the meaning of section 667.5, subdivision (c)(21), without running afoul of a defendant’s Sixth Amendment jury trial right as set out in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) and Alleyne v. United States (2013) 570 U.S. 99 (Alleyne)? We conclude the answer is yes. We emphasize, however, that our holding is a narrow one, confined to the issue before us, and should not be read to suggest judicial factfinding would be permissible in the context of, for example, imposing a sentence enhancement or sentencing under the Three Strikes law.
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