§Why CasetextPricing

The People, Respondent,v.Sean Garvin, Appellant.

Brief

25 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,377 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,646 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,615 times   17 Legal Analyses
    Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”

  4. Alleyne v. United States

    570 U.S. 99 (2013)   Cited 8,125 times   18 Legal Analyses
    Holding any fact that increases the mandatory minimum sentence for a crime must be submitted to a jury

  5. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,292 times   4 Legal Analyses
    Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"

  6. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,533 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  7. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,999 times   50 Legal Analyses
    Holding that “[i]f a State makes an increase in a defendant's authorized punishment contingent on the finding of a fact, that fact—no matter how the State labels it—must be found by a jury beyond a reasonable doubt”

  8. Hurst v. Florida

    577 U.S. 92 (2016)   Cited 961 times   5 Legal Analyses
    Holding Florida's former death penalty sentencing scheme unconstitutional because "[t]he Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death"

  9. Walton v. Arizona

    497 U.S. 639 (1990)   Cited 1,678 times   21 Legal Analyses
    Holding state appellate court may properly determine whether evidence supports a properly limited aggravator

  10. Southern Union Co. v. United States

    567 U.S. 343 (2012)   Cited 348 times   10 Legal Analyses
    Holding that the rule in Apprendi applies to cases where significant criminal fines are imposed as well as where the sentence is imprisonment or death

  11. Section 70.00 - Sentence of imprisonment for felony

    N.Y. Penal Law § 70.00   Cited 1,132 times
    Prescribing a maximum sentence of four years for class E felonies

  12. Section 70.10 - Sentence of imprisonment for persistent felony offender

    N.Y. Penal Law § 70.10   Cited 508 times
    Establishing that persistent violent felony offenders may receive higher sentences

  13. Section 70.08 - Sentence of imprisonment for persistent violent felony offender; criteria

    N.Y. Penal Law § 70.08   Cited 423 times
    Incorporating by reference N.Y. Penal Law § 70.04

  14. Section 65.00 - Sentence of probation

    N.Y. Penal Law § 65.00   Cited 185 times

    1. Criteria. (a) Except as otherwise required by section 60.04 or 60.05 of this title, and except as provided by paragraph (b) hereof, the court may sentence a person to a period of probation upon conviction of any crime if the court, having regard to the nature and circumstances of the crime and to the history, character and condition of the defendant, is of the opinion that: (i) Institutional confinement for the term authorized by law of the defendant is or may not be necessary for the protection

  15. Section 60.05 - Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders

    N.Y. Penal Law § 60.05   Cited 67 times

    1. Applicability. Except as provided in section 60.04 of this article governing the authorized dispositions applicable to felony offenses defined in article two hundred twenty or two hundred twenty-one of this chapter or in section 60.13 of this article governing the authorized dispositions applicable to felony sex offenses defined in paragraph (a) of subdivision one of section 70.80 of this title, this section shall govern the dispositions authorized when a person is to be sentenced upon a conviction

  16. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation