People v. Murphy

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Facts and Proceedings Below: People’s Appeal

The People appeal from the sentence imposed on defendant under the one strike law (Pen. Code, § 667.61). We conclude that in sentencing a defendant convicted of committing violent sex offenses against different victims on different occasions the one strike law requires the trial court to impose one indeterminate life term per victim per occasion. Thereafter, the court should follow the normal sentencing rules in imposing sentence on offenses committed against each victim in addition to the offense for which the indeterminate life term is imposed. Under the circumstances of this case the trial court erred in not imposing two indeterminate life sentences, one for each victim, but acted correctly in imposing sentence on the violent sex offenses which did not qualify for indeterminate life terms.

The facts' and proceedings, insofar as they are relevant to the People’s appeal, are as follows:

The jury found Andre D. Murphy guilty of one count of forcible oral copulation against Kristy R. and guilty of three counts of forcible oral copulation, two counts of forcible rape and one count of genital penetration with a…