Cole
People v. Cole
Opinion
Opinion
Dawson, J.
Appellant Corrie Donta Cole was sentenced to a doubled term of imprisonment in the present case on the basis of a prior “strike” conviction for violating Penal Code section 288, subdivision (a). The prior conviction occurred in adult court when appellant was 16 years old. At the time of the offense, the victim was 13 years old. Appellant contends his strike sentence in the current case must be set aside because “the Legislature did not intend to treat nonforcible sex between minors as a strike.” (Some capitalization omitted.) He also argues that imposing a strike sentence on him violates principles of equal protection because a juvenile adjudication for the same offense is not a strike. We disagree with both of his contentions.
FACTS AND PROCEEDINGS
Appellant was charged in a criminal complaint, filed on April 11, 2006, with a violation of Health and Safety Code section 11352, subdivision (a) (sale or transportation of cocaine), a violation of Health and Safety Code section 11351 (possession for sale of cocaine), and a violation of Health and Safety Code section 11350, subdivision (a) (possession of a controlled substance). The complaint alleged that appellant had…