P.

DISCUSSION

When Smith committed the attempted murder of Dorothy Thompson in 1994, former subdivision (e) of section 1170 provided, ―When two or more enhancements under Sections . . . 12022.5 . . . 12022.7 . . . may be imposed for any single offense, only the greatest enhancement shall apply. However, in cases of lewd or lascivious acts upon or with a child under the age of 14 years accomplished by means of force or fear, as

1 Statutory references are to the Penal Code, unless otherwise indicated. Since 1994, subdivisions (a)(17)(A)(i) and (vii) of section 190.2 have been re-designated as subdivisions (a)(17)(A) and (G), without any substantive change. 2 The People did not seek the death penalty.

2 described in Section 288, kidnapping, as defined in Section 207, sexual battery as defined in Section 243.4, penetration or genital or anal opening by a foreign object, as defined in Section 289, oral copulation, sodomy, robbery, carjacking, rape or burglary, or attempted lewd or lascivious acts upon or with a child under the age of 14 years accomplished by means of force or fear, kidnapping sexual battery, penetration or genital or anal opening by a foreign object, oral copulation,…