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Name: People v. Jones
Case #: S072071
Court: CA Supreme Court
District CalSup
Opinion Date: 03/15/2001
Subsequent History: None
Summary

The use of a deadly weapon after the completion of sexual offenses occurred “in the commission of” such offenses, within the meaning of Penal Code sections 12022.3, subdivision (a) and 667.61, subdivision (e)(4), if the offenses posed a greater threat of harm because the defendant used the deadly weapon to threaten or maintain control over his victim. Therefore, where appellant put a knife against the victim’s face after he finished the sexual assault, he used the weapon during the commission of the offense within the meaning of section 12022.3. The decision in People v. Dobson (1988) 205 Cal.App.3d 496, was therefore disapproved, and the decision of the Court of Appeal reversed. J. Chin dissented on both issues. Multiple sex offenses occur “on a single occasion” within the meaning of Penal Code section 667.61, subdivision (g), if there was a close temporal and spatial proximity between offenses. Therefore, where the defendant committed five actual sex acts on one victim during one sexual assault over the course of an hour in the back seat of a car, only one life sentence instead of three consecutive life sentences should have been imposed pursuant to section 667.61, subdivision (g). J. Chin dissented on both issues.