What Are the Sentencing Rules Against Dual Use of Facts?

Based on principals of double jeopardy, a judge cannot rely on one fact to support more than one sentence enhancement, or one fact to support an upper term sentence that also supports an enhancement, or impose consecutive sentences in reliance on one fact that also supports an enhancement. Likewise, a judge cannot impose consecutive sentences, or impose an upper term sentence based on a fact that is an element of the crime. To read more about dual use of facts, please click on the following link – https://www.greghillassociates.com/what-are-the-sentencing-rules-against-dual-use-of-facts.html

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