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Name: People v. Diaz
Case #: C025890
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/21/2000
Subsequent History: Review granted 11/1/00 (S091158) and further action deferred pending disposition in People v. Acosta (S089120) and People v. Graves (S089533)

The trial court properly imposed a “one strike” term, pursuant to Penal Code section 667.61, subdivisions (b), (c)(7), and (d)(1), of 15 years to life for the kidnap for rape count. The “one strike” application was based on appellant’s prior conviction for a violation of Penal Code section 288, subdivision (a). The trial court then properly doubled the 15-year term pursuant to Penal Code section 667, subdivision (b) through (i), the “three strikes” law, based on appellant’s status as a recidivist who previously had been convicted of residential burglary. Distinguishing People v. Graves (2000) 80 Cal.App.4th 1336, and relying on People v. Ervin (1996) 50 Cal.App.4th 259, the Court of Appeal held that in most respects, the “one strike” law is cumulative to the “three strikes” law and is not an alternative sentencing scheme. Here, the application of both was appropriate, and the sentence of 30 years to life was upheld.