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Name: People v. Rodriguez
Case #: E030401
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/07/2005
Subsequent History: prhng. den. 7/7/05; rev. den. 9/7/05

The one strike law permits the trial court to impose concurrent terms for multiple lewd acts against multiple victims. Upon the People’s concession, the court of appeal remanded for resentencing where the court had indicated that it did not believe it had discretion under the One Strike Law to impose concurrent terms where there were multiple acts and multiple victims. The appellate court concluded that while section 667.61 requires a separate 15 year to life sentence for each offense, the sentencing court had discretion as to whether those counts should run consecutively.