Unproven Enhancement May Not Be Added in Resentencing
The California Supreme Court held yesterday that the resentencing scheme established by Penal Code §1172.6—allowing defendants who were convicted under now-defunct aspects of the felony-murder rule to have their murder convictions redesignated as the underlying felony—does not authorize a court to impose a sentencing enhancement or allegation that was neither pled nor found true by a jury.
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