Trial Court Errs by Imposing 20 Kilogram Enhancement

A sentence may be based upon a sentence enhancements that was never alleged in the complaint, information or any amended charges, even if the evidence certainly supports such an enhancement. In the following summary involving transportation of a controlled substance, a twenty kilogram (fifteen years each) sentence enhancement was imposed after the verdict, even when the jury was never asked to find it true. To read a summary of the case, please click on the following link –

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