P. v. Scott
Defendant Andre Dee Scott appeals from a judgment imposing a state prison sentence of three years and four months following his no contest pleas to criminal charges of possessing a controlled substance for sale (Health & Saf. Code, § 11351) and forcibly resisting an officer (Pen. Code, § 69) filed by the District Attorney and following a court trial on the prior conviction allegation. The prior conviction allegation was from a juvenile court adjudication. The trial court concluded that the prior conviction allegation was true and used it to double the defendant's sentence under the Three Strikes law.
Defendant raises two issues. The first issue is that the use of juvenile adjudications to enhance a defendant's sentence under California's Three Strikes law violates the Federal Constitution's Due Process Clause, and the second issue is that the use of the juvenile adjudication to enhance a defendant's sentence under California's Three Strikes law violates the Sixth Amendment, given that juveniles do not enjoy a right to a jury trial in juvenile proceedings in this state. We shall affirm.
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