P.

P. v. Jones CA4/2

Good Law
Court of Appeal of CaliforniaMarch 6, 2013E054080California447 words

Opinion

Opinion

DISCUSSION

Section 667.61, the One Strike law, requires a sentence of 15 years to life for any

person convicted of specified sexual offenses that are listed in subdivision (c), under

specified aggravating circumstances that are listed in subdivision (e). The qualifying

offenses listed in the current version of section 667.61 include violations of section 288,

subdivision (a) (committing a lewd act upon a child under age 14) and section 288.5,

subdivision (a) (continuous sexual abuse of a child under age 14). (§ 667.61, subd.

(c)(8), (9)). The aggravating circumstances listed in subdivision (e) include the defendant

being convicted of committing a qualifying offense against more than one victim.

(§667.61, subd. (e)(5).)

Here, the jury found true the aggravating circumstance that defendant had

committed qualifying offenses against more than one victim. Accordingly, the trial court

sentenced defendant to three consecutive one strike terms of 15 years to life for counts

four, five and six, plus an additional consecutive term of 15 years to life for violating

section 288.7, subdivision (b), in count two.

Count six is continuous sexual abuse of a child, section 288.5,…

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