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Name: People v. Johnson
Case #: D035346
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/14/2002
Subsequent History: None
Summary

Johnson was convicted of numerous counts of forcible sex acts upon several different children, and was sentenced to an indeterminate term of 50 years to life and a determinate term of 78 years. The trial court used the same prior felony conviction to impose a 25-year-to-life sentence under the “one strike” law, and to double that term under the “three strikes” law. Here, the appellate court found that the trial court properly used the same prior to impose the life terms and to double the determinate terms under the three strikes law, as well as to elevate four counts of child molestation to felonies, and to impose a five-year serious felony enhancement. However, the trial court improperly doubled under the three strikes law the 25-year-to-life term imposed under the “one strike” law.