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Name: People v. Snow
Case #: D035655
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/14/2003
Subsequent History: Rehg. denied 2/5/03, no change in judgment. Rev. denied 4/16/03.

Appellant was sentenced to 85 years to life, which consisted of a 25-year-to-life term under the One Strike law, tripled under the Three Strikes law, plus a ten year consecutive term for two prior serious felony convictions. On appeal, he challenged the prior conviction under section 288a, subdivision (c)(1) as a conviction which did not qualify as a serious or violent felony. He also argued that the One Strike Law and the Three Strikes Law are mutually exclusive rather than cumulative sentencing schemes. The appellate court rejected the challenge to the prior, finding that the California Supreme Court had ruled on this issue after briefing was filed in this case. (People v. Murphy (2001) 25 Cal. 4th 136.) The court also concluded that the court was permitted to punish him cumulatively under the Three Strikes and One Strike laws, and cumulatively under the habitual offender and Three Strikes laws, but was precluded from sentencing him under both the One Strike and habitual sex offender laws.