No. 23-5298

Edgar Sandoval Catarino v. California

Lower Court: California
Docketed: 2023-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Do the Sixth and Fourteenth Amendments confer a right to a
jury trial with respect to a fact that has the dual effect of (1) increasing
the mandatory minimum sentence on an individual criminal count and
(2) requiring the sentence on that count to be imposed consecutively?

2. In a trial of charges of child molestation, does it deny
Fourteenth Amendment due process to admit the testimony of an
expert witness that false allegations of child molest are rare?

8. Does it violate the Fourteenth Amendment for a judge to
apply an incorrect legal standard to making a finding that increases
the mandatory minimum sentence?

4. Is the record sufficient to support a judge's finding that each
crime of which a jury convicted a defendant occurred on a "separate
occasion" where (1) the witness described many criminal acts, some
occurring on the same occasion as others, some occurring on separate
occasions, but (2) the jury found that only a few of these acts had been
proved, and (8) the jury did not specify which acts were the basis for its
guilty verdicts?

Question Presented (AI Summary)

Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandatory minimum sentence on an individual criminal count and (2) requiring the sentence on that count to be imposed consecutively?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-11
Waiver of right of respondent State of California to respond filed.
2023-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2023)

Attorneys

Edgar Sandoval Catarino
Ronald Richard Boyer — Petitioner
State of California
Donna Marie ProvenzanoOffice of the California Attorney General, Respondent