People v. Johnson

*192 Opinion

Following Ms jury convictions of numerous counts of child molestation, forciMe lewd acts upon a child, oral copulation upon a child under age 14, forcible oral copulation, sodomy of a person under 14, and forcible sodomy, and Ms subsequent sentence to state prison for an indeterminate term of 50 years to life and a determinate term of 78 years and four months, Steven David Johnson appealed, arguing the trial court improperly used the same prior conviction to impose a 25-year-to-life sentence under the one strike law (Pen. Code, 1 § 667.61) and also to double that term under the tMee strikes law (§§667, subds. (b)-(i), 1170.12). 2 He further asserted that for the same reason it was improper to use Ms prior conviction to double Ms term under section 667.61, it was also improper to use that prior conviction to double Ms determinate terms under the tMee strikes law, to enhance the sentence for Ms child molestation convictions pursuant to section 647.6, subdivision (c)(2) and to impose a five-year serious felony enhancement for section 667, subdivision (a)(1).

During our review of the matter, we requested supplemental briefmg on the additional issue of whether the trial…