Cornelius

People v. Cornelius

Good Law
79 Cal. App. 4th 771·94 Cal. Rptr. 2d 326
Court of Appeal of CaliforniaJuly 26, 2000D027176California6,025 words

Opinion

Opinion

Certified for Partial Publication. [1]

On February 3, 1998, we determined in this case that an indeterminate life term imposed under the "one strike" law (Pen. Code, [2] § 667.61) for a current offense is a "term otherwise provided as punishment" for purposes of determining the minimum term for the indeterminate life term required under the "three strikes" law when a defendant has been found to have suffered two or more qualifying felony convictions. [3] (§§ 667, subds. (b)-(i), 1170.12.) We therefore concluded the trial court properly tripled the "25-year-to-life" term it imposed for David Lewis Cornelius's principal current forcible sex crime under the one strike law. Cornelius petitioned for review. The Supreme Court granted the petition on May 13, 1998 (S068743), and on November 10, 1999, transferred the matter to us with directions to vacate our decision and to reconsider the cause in light of People v. Jefferson (1999) 21 Cal.4th 86 , 86 Cal.Rptr.2d 893, 980 P.2d 441 (Jefferson) . Having done so, [4] we again conclude the trial court properly tripled under the three strikes law Cornelius's 25-year-to-life term imposed under the one strike law.

A jury found…

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