GARCIA
v.
UNITED STATES

U.S. | 1997-10-06
No. 96-9521
522 U.S. 854 Supreme Court of the United States (1997) Caution
Cited by 1 case
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  • State v. O.C., 748 So. 2d 945 (Fla. 1999)
    …to cause great bodily harm, is a third-degree felony.6 In reaching the conclusion that section 874.04 is unconstitutional, the Fifth District distinguished People v. Gardeley, 14 Cal.4th 605, 59 Cal.Rptr.2d 356, 927 P. 2d 713 (1996), cert. denied, 522 U.S. 854, 118 5.Ct. 148, 139 L.Ed.2d 94 (1997), a decision from the California Supreme Court rejecting constitutional challenges to California’s version of a gang enhancement statute. See O.C., 722 So. 2d at 842. The California statute, unlike the statute in…

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