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Name: People v. Hammer
Case #: S104303
Court: CA Supreme Court
District CalSup
Opinion Date: 05/29/2003
Subsequent History: None

One of the triggering circumstances for past convictions under the One Strike Law (Pen. Code, sec.667.61) is that the person has previously been convicted of an offense specified in Penal Code section 667.61, subdivision (c). That statute in turn includes “a violation of [Penal Code] Section 288, unless the defendant qualifies for probation under subdivision (c) of [Penal Code] Section 1203.066.” Here the defendant had a prior conviction for violation of Penal Code section 288, subdivision (a), for which he had been granted probation. The court interpreted the statutory language to not apply to determining the existence of a qualifying prior conviction under the One Strike Law. Instead, that limitation applies only to the current offense.