What Happened in People v. Gallardo?
In People v. Gallardo, the court reviewed the case of a woman whose sentence was enhanced because a judge decided, on their own, that she used a weapon in a past case. She had a prior conviction for assault, but a jury never decided whether she used a weapon in that case. The judge looked back at old records and decided she did. The California Supreme Court ruled that a judge cannot make this decision alone; only a jury or the person’s own admission can confirm such details.
The Gallardo Decision: Judges Can’t Add Sentence Enhancements Without a Jury’s Say
The Gallardo decision limits judges from using old records to add enhancements to a sentence. Now, for an enhancement to be added, the details must have been decided by a jury or admitted by the person in the original case.
Who Could Benefit from This Decision?
- Sentence Enhancements Based on Judge Decisions: If a judge decided certain facts about an old conviction to add an enhancement to your current sentence (like if you used a weapon), this ruling could apply to your case.
- Prior Convictions Without Jury Findings: If no jury decided key facts in your old case, this decision might help remove any enhancements based on those details.
- Cases That Used Preliminary Hearing Records: If the enhancement was based on statements from old hearing transcripts rather than from a jury decision or your admission, this ruling could support removing that enhancement.
What Should You Do Next?
If you believe a sentence enhancement was added because a judge used details from an old case without a jury’s finding or your admission, you might have a chance to get help. Talk to a post-conviction lawyer or legal aid group to see if People v. Gallardo could help you challenge your sentence.
Citation: People v. Gallardo, 4 Cal.5th 120 (2017).
***
Disclaimer: This information is provided for educational purposes only and should not be construed as legal advice. For personalized legal guidance on third-party insurance claims or related matters, consult with a qualified attorney familiar with the law in your jurisdiction.
