Facts
After a jury trial, Cunningham was convicted of continuous sexual abuse of a child in Contra Costa County Superior Court, California. Under California's Determinate Sentencing Law (DSL), the authorized sentences for this crime are either 6, 12, or 16 years. Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term. In this case, at a post-trial hearing, the judge found by a preponderance of the evidence that Cunningham's victim was particularly vulnerable and that his conduct was violent, making him a danger to the community. The judge then concluded that this aggravating evidence outweighed the fact that Cunningham had no criminal history, and sentenced Cunningham to the high term of 16 years. The California Court of Appeal affirmed. The California Supreme Court denied review because it had recently held, in People v. Black, that the DSL was constitutional under Blakely v. Washington. Cunningham asked the U.S. Supreme Court to hear the case, and it agreed to do so.
Read more about this topic: Cunningham V. California
Famous quotes containing the word facts:
“It is not the simple statement of facts that ushers in freedom; it is the constant repetition of them that has this liberating effect. Tolerance is the result not of enlightenment, but of boredom.”
—Quentin Crisp (b. 1908)
“I’m not afraid of facts, I welcome facts but a congeries of facts is not equivalent to an idea. This is the essential fallacy of the so-called “scientific” mind. People who mistake facts for ideas are incomplete thinkers; they are gossips.”
—Cynthia Ozick (b. 1928)