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Name: People v. Rodriguez
Case #: B231579
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/25/2012

Under the post September 2006 amendment to the One Strike law (Penal Code section 667.61), the One Strike penalty attaches to each enumerated offense. Appellant was convicted of numerous sex offenses and sentenced to the upper term of eight years plus a 25-years-to-life "enhancement" for one of the offenses, plus consecutive eight year terms for the other offenses. The offenses were committed against a single victim on a single occasion. Former Penal Code section 667.61, subdivision (g) provided that a One Strike sentence, i.e., 25-years-to-life, shall be imposed once for any offense or offenses committed against a single victim during…

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Name: People v. McQueen
Case #: A114767
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/15/2008

Sentence imposed under habitual offender law was properly stayed instead of dismissed where appellant was also sentenced under One Strike law. Appellant was convicted of multiple sex offenses against two minors. On ten counts of conviction, the trial court sentenced him to consecutive sentences of 25 years to life, pursuant to section 667.61, subdivision (a)(One Strike law), tripled to 75 years to life pursuant to section 667, subdivision (e)(2)(i) (Three Strikes law). On the same counts, the court also sentenced appellant under the habitual sex offender law (sec. 667.71, subd. (b)) to 25 years to life, tripled under the Three…

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Name: People v. Lopez
Case #: E033787
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/10/2004
Subsequent History: Rev. den. 9/15/04

A defendant sentenced under the habitual sexual offender law may also be sentenced under the One Strike law. The defendant here was found guilty of several sex offenses, and admitted a multiple-victim special circumstance under the One Strike law (Pen. Code, sec. 667.61), as well as a prior sexual offense under the habitual sexual offender law (Pen. Code, sec. 667.71). On appeal, he argued that because he was sentenced under the habitual sexual offender law, the sentencing judge was required to strike or dismiss the finding under the One Strike law. The appellate court declined to follow…

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Name: People v. Snow
Case #: D035655
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/15/2002
Subsequent History: Rev. granted 5/1/02. Depublished. Transferred 11/26/02 to 4th Dis. with directiosn to vacate its decision and reconsider...

Defendant was convicted of one count of a lewd act on a child under 14 (Pen. Code, sec. 288, subd.(a)). He had one prior conviction for oral copulation on a child under 14 by a person 10 years older (Pen. Code, sec. 288a, subd.(c)(1)), and one prior conviction for a lewd act on a child under 14 (Pen. Code, sec. 288, subd.(a)). The appellate court held that the three strikes law and the one strike law (Pen. Code, sec.667.61) may be applied cumulatively. However, that cumulative application is limited by Penal Code section 667.71, subdivision (f) of…

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Name: People v. Murphy
Case #: S075263
Court: CA Supreme Court
District CalSup
Opinion Date: 03/29/2001
Subsequent History: Rehg. den. 6/20/01

A defendant's prior conviction for oral copulation with a child under 14 in violation of Penal Code section 288a, subdivision (c) is a "strike." The plain language of section 1192.7 includes any lewd or lascivious act on a child under 14, and under any definition oral copulation on a child is a lewd or lascivious act. Any other interpretation of the statute would frustrate the intent of that section. J. Mosk dissented on the issue of whether appellant's prior conviction qualified as a "strike." A trial court should apply both the Three Strikes Law and the habitual…

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