People v. Hall CA1/1

INTRODUCTION

Defendant Gary Hall pleaded no contest to two counts of committing lewd or lascivious acts on a child under the age of 14 years (Pen. Code, § 288, subd. (a)).1 Consistent with the negotiated disposition, the trial court sentenced him to 10 years in state prison, which included the upper term on one of the counts. Defendant appealed asserting (1) the trial court (and the parties) mistakenly assumed he was presumptively ineligible for probation, (2) the court erred in finding aggravating factors that had not been pled, and (3) the court erred in finding these aggravating factors in the absence of his personal

All further statutory references are to the Penal Code unless

otherwise indicated.

1 waiver of his right to jury trial under the Sixth Amendment. We rejected each of defendant’s arguments and affirmed the judgment. As to his third assertion—that he did not personally waive his Sixth Amendment right to jury trial2—we affirmed on two grounds. First, we held defendant had, in fact, waived his Sixth Amendment right to jury trial on the aggravating factors. Second, we held the trial court had, in any case, relied on at least one permissibly established aggravating…