Durant

People v. Durant

Good Law
1999 Cal. App. LEXIS 6·68 Cal. App. 4th 1393·81 Cal. Rptr. 2d 207·99 Daily Journal DAR 205·99 Cal. Daily Op. Serv. 183
Court of Appeal of CaliforniaJanuary 5, 1999No. D030198California5,901 words

Opinion

Lead Opinion

Huffman, J.

Following the holdings of People v. Hendrix (1997) 16 Cal.4th 508 [ 66 Cal.Rptr.2d 431 , 941 P.2d 64 ] and People v. Deloza (1998) *1396 18 Cal.4th 585 [ 76 Cal.Rptr.2d 255 , 957 P.2d 945 ], in this case we consider what additional factors may be involved in determining the application of the narrow statutory exception to the mandatory imposition of consecutive terms for multiple current offenses of qualified repeat felons under the three strikes law.

In 1996, Michael Anthony Durant was convicted by a jury of residential burglary (Pen. Code, 1 §§ 459/460) and two attempted residental burglaries (§§ 664/459/460). 2 In a bifurcated proceeding, the court found true allegations Durant had served one prior prison term (§ 667.5, subd. (b)), had one prior serious felony conviction (§ 667, subd. (a)(1)), and had suffered thirteen prior convictions for serious or violent felonies (§§ 667, subds. (b)-(i), 1170.12). The court sentenced Durant to a total term of 80 years to life, consisting of 3 consecutive terms of 25 years to life with an additional consecutive term of 5 years for his prior serious felony conviction.

On appeal, this court affirmed the convictions and true…

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