People v. Ratkov

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the prosecution must prove by a preponderance of the evidence any disputed facts used in calculating the sentence guidelines
• reasoning that evidence may be sufficient to support a finding by a preponderance of the evidence for purposes of sentencing despite factfinder’s conclusion that the evidence was insufficient to prove the fact beyond a reasonable doubt
• reasoning that evidence may be sufficient to support a finding by a preponderance of the evidence for purposes of sentencing despite factfinder’s conclusion that the evidence was insufficient to prove the fact beyond a reasonable doubt
• “If the record provides insufficient evidence upon which to base the decision supporting or opposing the scoring, the court in its discretion may order the presentment of further proofs.”
• “The contents of the presentence report are presumptively accurate if unchallenged by the defendant.”
• “[S]ituations may arise wherein although the factfinder declined to find a fact proven beyond a reasonable doubt for purposes of conviction, the same fact may be found by a preponderance of the evidence for purposes of sentencing.”

Source: CourtListener parenthetical corpus (CC0).