Fox

*396 Opinion

Under the “Three Strikes” law, a defendant is subject to increased punishment for his current offense if he has previously been convicted of specified offenses. (Pen. Code, §§ 667. subds. (b) -(i), 1170.12.) 1 Defendant, William Leo Fox, appeals claiming his Oregon conviction for second degree rape, which is defined as sexual intercourse with a minor under the age of 14, does not constitute a strike under California law.

Section 1192.7, subdivision (c)(6) includes within its definitions of serious felonies (strikes) any “lewd or lascivious act on a child under the age of 14 years.” The California Supreme Court in People v. Murphy (2001) 25 Cal.4th 136 [ 105 Cal.Rptr.2d 387 , 19 P.3d 1129 ], recently held that, in order for a conviction to satisfy the requirements of a serious felony contained in section 1192.7, subdivision (c)(6), the prior conviction need only be a lewd and lascivious act on a child and need not contain the specific sexual intent element contained in section 288. We conclude that although defendant’s prior conviction from Oregon does not contain a specific sexual intent, it is a lewd and lascivious act within the meaning of section 1192.7,…