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Name: People v. Fuller
Case #: B177064
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/26/2006

Three rapes committed against the same victim within one hour occurred in a “single occasion” for purposes of one-strike sentencing under Penal Code section 667.61. All three rapes occurred within an hour while both the victim and the defendant remained in the victim’s apartment. The only movement was a short distance between her bedroom and the living room, and the defendant kept her under his continuous control the entire time. The rapes occurred within a close temporal and spatial proximity, so the court erred in imposing two life terms, and remand for resentencing was required.