Perez
People v. Perez
Opinion
lead Opinion
Hoffstadt, J.
Eduardo Lalo Perez (defendant), while 16 years old, kidnapped a woman at knifepoint and then subjected her to a series of sexual acts, digitally penetrating her, placing his penis against her mouth and teeth, and attempting to rape her from behind. A jury found him guilty of six crimes *1221 related to the incident, and the trial court sentenced him to prison for 52 years to life. In the published portion of our decision, we conclude that the trial court erred in imposing a sentence of 25 years to life on the forcible oral copulation count, under the “One Strike” law (Pen. Code, § 667.61), 1 because the People did not as to that count plead any circumstance triggering application of section 667.61, and never moved to amend the information to allege any such circumstance. Because our Supreme Court’s decision in People v. Mancebo (2002) 27 Cal.4th 735 [ 117 Cal.Rptr.2d 550 , 41 P.3d 556 ] (Mancebo), requires such specificity in pleading under the One Strike law, we are compelled to vacate that sentence. In the unpublished portion of our decision, we reject defendant’s other challenges to his convictions and sentence. We accordingly affirm his convictions and remand for…