Acosta

The “Three Strikes” law provides that for a defendant convicted of a felony who has sustained two or more qualifying prior felony convictions—commonly known as strikes—“the term for the current felony conviction shall be an indeterminate term of life imprisonment,” with the “minimum term of the indeterminate sentence” being the greatest of three options. (Pen. Code, §§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A).) 1 One of those options is “[t]hree times the term otherwise provided as punishment *109 for each current felony conviction subsequent to the two or more prior felony convictions” (option 1). (§ 667, subd. (e)(2)(A)(i).) For a defendant with only one prior strike, “the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction.” (§ 667, subd. (e)(1).) The “One Strike” law provides that a defendant convicted of certain sex offenses under certain circumstances—which we will sometimes refer to as triggering circumstances—“shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole” for either 15 or 25 years. (§ 667.61.)…

I concur in the majority’s conclusions regarding the first two issues discussed in the opinion, but respectfully dissent from its resolution of the third issue. With regard to that issue—namely, whether the same prior conviction can be used (1) to bring into play the “One Strike” law as the basis for calculating the defendant’s minimum term under the “Three Strikes” law, (2) to render a defendant a second or third strike offender for purposes of the Three Strikes law, and (3) to impose an additional (five-year) enhancement under Penal Code section 667, subdivision (a) 1 —I agree with the Court of Appeal that such multiple use of a single prior conviction is inconsistent with the language and purpose of section 667.61, subdivision (f), one of the provisions of the One Strike law.

Section 667.61, subdivision (f) provides in relevant part: “If only the minimum number of [triggering] circumstances . . . which are required for *135 the punishment provided in [the One Strike law] have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in [the One Strike law] rather than being used to impose the punishment authorized…

I join the Chief Justice’s concurring and dissenting opinion, but offer these additional observations on the complex sentencing issues involved.

The issue on which the Chief Justice and I disagree with the majority involves the interplay between three sentencing provisions: the “One Strike” law (Pen. Code, § 667.61), 1 the “Three Strikes” law (§ 667, subds. (b)-(i)), 2 and a five-year enhancement provision for prior serious felony convictions (§ 667, subd. (a)).

The One Strike law imposes long sentences on defendants who commit forcible sex crimes when specified aggravating circumstances are present. Four of those aggravating circumstances are listed in section 667.61, subdivision (d); seven more are listed in section 667.61, subdivision (e). A defendant convicted of a forcible sex offense involving an aggravating circumstance listed in subdivision (e) “shall be punished” by a prison term of 15 years to life. (§ 667.61, subd. (b).) A prison sentence of 25 years to life is imposed when a defendant commits a forcible sex offense that involves one *138 or more of the aggravating circumstances described in subdivision (d), or that involves two or more of the aggravating…

I agree with the majority’s conclusion in part 2 (maj. opn., ante, at pp. 118-127) that both the “One Strike” (Pen. Code, § 667.61) and the “Three Strikes” (id., § 667, subds. (b)-(i)) laws may properly be applied to a defendant who qualifies for sentencing under both.

I disagree with the majority’s conclusion in part 3 (maj. opn., ante, at pp. 128-131) that a sentencing court may, despite the plain language of Penal Code section 667.61, subdivision (f), reuse for other sentencing purposes a factual circumstance already used to qualify a defendant for sentencing under the One Strike law. On this point, I generally agree with the concurring and dissenting opinions of the Chief Justice and Justice Kennard.

*141 I also disagree with the majority’s conclusion in part 1 (maj. opn., ante, at pp. 112-118) that Penal Code section 667, subdivision (e)(2)(A)(i) directs the sentencing court to triple the minimum term for an indeterminate term in calculating a third-strike sentence. To be sure, a different provision of the Three Strikes law expressly directs the court to multiply the “minimum term for an indeterminate term” (id., § 667, subd. (e)(1)) in calculating a second-strike sentence.…

The "Three Strikes" law provides that for a defendant convicted of a felony who has sustained two or more qualifying prior felony convictions—commonly known as strikes—"the term for the current felony conviction shall be an indeterminate term of life imprisonment," with the "minimum term of the indeterminate sentence" being the greatest of three options. (Pen.Code, §§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A).) [1] One of those options is "[t]hree times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior felony convictions" (option 1). (§ 667, subd. (e)(2)(A)(i).) For a defendant with only one prior strike, "the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction." (§ 667, subd. (e)(1).) The "One Strike" law provides that a defendant convicted of certain sex offenses under certain circumstances— which we will sometimes refer to as triggering circumstances—"shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole" for either 15 or 25 years. (§ 667.61.)…