Vargas

We consider in this case whether two prior convictions arising out of a single act against a single victim can constitute two strikes under the Three Strikes law. We conclude they cannot.

Introduction

The consequences in this state of repeated criminal conduct changed dramatically in 1994. First the Legislature, and then the electorate, introduced into this state’s jurisprudence what is now known collectively as the Three Strikes law. Under that law, if a defendant reoffends after having suffered a first qualifying felony conviction, a doubled sentence is mandatory. If, after having suffered two qualifying felony convictions, an offender commits a third qualifying felony, the Three Strikes law presumes he or she is incorrigible and requires a life sentence. “Sentence enhancement based on recidivism flows from the premise that the defendant’s current criminal conduct is more serious because he or she previously was found to have committed criminal conduct and did not thereafter reform.” (People v. Nguyen (2009) 46 Cal.4th 1007, 1024 [ 95 Cal.Rptr.3d 615 , 209 P.3d 946 ].) The typical third strike situation thus involves a criminal offender who commits a qualifying felony…