section 667.61(c) sex offenses specified (California) · Go Syfert
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section 667.61(c) sex offenses specified in California

30 California opinions name it 3 courts 2000–2026 9 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
People v. Vinesred
cal · 2011 · cited in 6 California opinions naming this issue, 2016–2018
2 sentences

2018(Stats. 1997, ch. 817, § 2, pp. 5519-5520; People v. Vines (2011) 51 Cal.4th 830 , 869, fn. 20, 124 Cal.Rptr.3d 830 , 251 P.3d 943 ; People v. Martinez (1999) 20 Cal.4th 225 , 232 & fn. 2, 83 Cal.Rptr.2d 533 , 973 P.2d 512 .) The relevant sex offenses specified in section 667.61, subdivision (c) are in concert rape or forcible oral copulation.

2018(Stats. 1997, ch. 817, § 2, pp. 5519-5520; People v. Vines (2011) 51 Cal.4th 830 , 869, fn. 20, 124 Cal.Rptr.3d 830 , 251 P.3d 943 ; People v. Martinez (1999) 20 Cal.4th 225 , 232 & fn. 2, 83 Cal.Rptr.2d 533 , 973 P.2d 512 .) The relevant sex offenses specified in section 667.61, subdivision (c) are in concert rape or forcible oral copulation.

46
People v. Zaldanared
calctapp · 2019 · cited in 6 California opinions naming this issue, 2021–2023
2 sentences

2023(Zaldana, at p. 535.) Instead, the information alleged that, “ ‘within the meaning of Penal Code section 667.61(b),’ ” the defendant “ ‘committed an offense specified in Section 667.61(c) against more than one victim.’ ” (Ibid.) We concluded that this was sufficient to put the defendant on notice that he could be sentenced to section 667.61’s longer term because the information specifically referenced subdivision (b), which “itself refers to subdivision (j), identifying it as an exception to the shorter 15-year-to-life term.” (Zaldana, at p. 535.) Further, “[b]ecause the information alleged bo

2023(Zaldana, at p. 535.) Instead, the information alleged that, “ ‘within the meaning of Penal Code section 667.61(b),’ ” the defendant “ ‘committed an offense specified in Section 667.61(c) against more than one victim.’ ” (Ibid.) We concluded that this was sufficient to put the defendant on notice that he could be sentenced to section 667.61’s longer term because the information specifically referenced subdivision (b), which “itself refers to subdivision (j), identifying it as an exception to the shorter 15-year-to-life term.” (Zaldana, at p. 535.) Further, “[b]ecause the information alleged bo

36
People v. Mancebogreen
cal · 2002 · cited in 5 California opinions naming this issue, 2014–2026
2 sentences

2026(People v. Mancebo (2002) 27 Cal.4th 735, 741 (Mancebo).) The One Strike law “mandates an indeterminate sentence of 15 or 25 years to life in prison when the jury has convicted the defendant of a specified felony sex crime (§ 667.61 [listing applicable crimes]) and has also found certain factual allegations to be true (§ 667.61, subds. (d), (e)).” (People v. Anderson (2009) 47 Cal.4th 92, 102 .) At all relevant times, a violation of section 288, subdivision (a) has been a One Strike offense enumerated in section 667.61, subdivision (c), and section 667.61, subdivision (e) has included a multip

2021(Mancebo, supra, 27 Cal.4th at p. 751 .) In Mancebo, the Attorney General argued the multiple-victim circumstance was sufficiently alleged because the pleading charged the defendant with committing two qualifying offenses under section 667.61(c) against two different victims—the multiple-victim circumstance was inherent in the charges. ( Mancebo, supra, 27 Cal.4th at pp. 744-745.) The court rejected this argument, noting that the statute required 31. section 667.61, subdivisions (d) and (e) be specifically pleaded and proven. ( Mancebo, supra, at p. 745 .) Moreover, the pleading was inadequate

25
People v. Rodriguezgreen
calctapp · 2005 · cited in 2 California opinions naming this issue, 2014–2015
2 sentences

2015Section 667.61 "sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . ." (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15-years-to-life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the 25 circumstances listed in section 667.61, subdivision (e).2 (Former § 667.61, subd. (b); see People v. Rodriguez (2005) 130 Cal.App.4th 1257, 1261 ["section 667.61—o

2014Section 667.61 “sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . .” (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15 years to life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the circumstances listed in section 667.61, subdivision (e).3 (Former § 667.61, subd. (b); see 2 Molina does not challenge his sentence on count 4. 3 Former section 667.6

22
People v. Palmergreen
calctapp · 2001 · cited in 2 California opinions naming this issue, 2014–2015
2 sentences

2015Section 667.61 "sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . ." (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15-years-to-life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the 25 circumstances listed in section 667.61, subdivision (e).2 (Former § 667.61, subd. (b); see People v. Rodriguez (2005) 130 Cal.App.4th 1257, 1261 ["section 667.61—o

2014Section 667.61 “sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . .” (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15 years to life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the circumstances listed in section 667.61, subdivision (e).3 (Former § 667.61, subd. (b); see 2 Molina does not challenge his sentence on count 4. 3 Former section 667.6

22
Coito v. Superior Courtgreen
cal · 2012 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(Coito v. Superior Court (2012) 54 Cal.4th 480, 488 [ 142 Cal.Rptr.3d 607 , 278 P.3d 860 ].) Section 667.61, part of what is commonly known as the “One Strike” law, was enacted in 1994.

2014(Coito v. Superior Court (2012) 54 Cal.4th 480, 488 [ 142 Cal.Rptr.3d 607 , 278 P.3d 860 ].) Section 667.61, part of what is commonly known as the “One Strike” law, was enacted in 1994.

12
People v. Yartzgreen
cal · 2005 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014As we explain below, we agree with Huynh that the prior conviction must precede the currently charged offense under section 667.61, subdivision (d)(1). “ ‘In construing a statute, our task is to determine the Legislature’s intent and purpose for the enactment. [Citation.] We look first to the plain meaning of the statutory language, giving the words their usual and ordinary meaning. [Citation.] If there is no ambiguity in the statutory language, its plain meaning controls; we presume the Legislature meant what it said. [Citation.] “However, if the statutory language permits more than one reaso

2014As we explain below, we agree with Huynh that the prior conviction must precede the currently charged offense under section 667.61, subdivision (d)(1). “ ‘In construing a statute, our task is to determine the Legislature’s intent and purpose for the enactment. [Citation.] We look first to the plain meaning of the statutory language, giving the words their usual and ordinary meaning. [Citation.] If there is no ambiguity in the statutory language, its plain meaning controls; we presume the Legislature meant what it said. [Citation.] “However, if the statutory language permits more than one reaso

12
People v. Woodworthgreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

11
People v. Gollardogreen
calctapp · 2017 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022Lopez’s interpretation of section 667.61 is correct. “‘The expression of some things in a statute necessarily means the exclusion of other things not expressed.’” (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1105 ; accord, People v. Gollardo (2017) 17 Cal.App.5th 547, 557 .) Because section 667.61, subdivision (i), requires a trial court to impose consecutive sentences for certain offenses in section 667.61, subdivision (c)—namely, those listed in subdivision (c)(1) to (7)—it does not require the court to impose consecutive sentences for other offenses in the statute—namely, subdivision (c)(8)

11
People v. Bradfordgreen
cal · 1976 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

11
People v. Cookgreen
cal · 2015 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See People v. Cook (2015) 60 Cal.4th 922, 935 [“statutory language is the best indicator of the Legislature’s intent”].) The People ignore section 667.61, subdivision (i), entirely.

11
People v. RETANANgreen
calctapp · 2007 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Crooks (1997) 55 Cal.App.4th 797, 803-812 ; People v. Retanan (2007) 154 Cal.App.4th 1219, 1230-1232 [upholding a sentence of 135 years pursuant to the one strike law].) A sentence of over 283 years for multiple sex offenses not charged under the one strike law has overcome a challenge based on cruel and unusual punishment.

11
People v. DeSimonegreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2011–2011
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Jimenezgreen
calctapp · 2019 · cited in 3 California opinions naming this issue, 2019–2023
2 sentences

2023(Zaldana, at p. 535.) Instead, the information alleged that, “ ‘within the meaning of Penal Code section 667.61(b),’ ” the defendant “ ‘committed an offense specified in Section 667.61(c) against more than one victim.’ ” (Ibid.) We concluded that this was sufficient to put the defendant on notice that he could be sentenced to section 667.61’s longer term because the information specifically referenced subdivision (b), which “itself refers to subdivision (j), identifying it as an exception to the shorter 15-year-to-life term.” (Zaldana, at p. 535.) Further, “[b]ecause the information alleged bo

2019Under these circumstances, imposition of sentence under section 667.61(j)(2) violated Jimenez’s constitutional right to due process.” ( Jimenez, supra, at p. 397 , fn. omitted.) As in both Jimenez and Vaquera, the information here alleged, “within the meaning of Penal Code section 667.61(b) and (e)(4), as to defendant, BEDAVID ZALDANA, as to count(s) 2, 3, 4, 5, and 6 that the following circumstances apply: The defendant in the present case committed an offense specified in Section 667.61(c) against more than one victim.” For each count, the jury found the multiple victim circumstance true.

13

Also cited on this issue (24)

CaseCitedYears
People v. Martinez red
cal · 1999
2 sentences

2018(Stats. 1997, ch. 817, § 2, pp. 5519-5520; People v. Vines (2011) 51 Cal.4th 830 , 869, fn. 20, 124 Cal.Rptr.3d 830 , 251 P.3d 943 ; People v. Martinez (1999) 20 Cal.4th 225 , 232 & fn. 2, 83 Cal.Rptr.2d 533 , 973 P.2d 512 .) The relevant sex offenses specified in section 667.61, subdivision (c) are in concert rape or forcible oral copulation.

2018(Stats. 1997, ch. 817, § 2, pp. 5519-5520; People v. Vines (2011) 51 Cal.4th 830 , 869, fn. 20, 124 Cal.Rptr.3d 830 , 251 P.3d 943 ; People v. Martinez (1999) 20 Cal.4th 225 , 232 & fn. 2, 83 Cal.Rptr.2d 533 , 973 P.2d 512 .) The relevant sex offenses specified in section 667.61, subdivision (c) are in concert rape or forcible oral copulation.

62016–2018
People v. Wutzke green
cal · 2002
2 sentences

2020(People v. Hammer (2003) 30 Cal.4th 756, 759 ; People v. Perez (2015) 240 Cal.App.4th 1218, 1223 .) Subject to exceptions provided in subdivisions (j), (l), and (m), section 667.61 provides that a defendant must be sentenced to an indeterminate life term when convicted of a sex offense enumerated in section 667.61, subdivision (c), under one or more of the circumstances listed in subdivisions (d) or (e) of the statute.4 (See People v. Wutzke (2002) 28 Cal.4th 923, 930 ; People v. Perez, at p. 1223.) Specifically, if the defendant is convicted of a section 667.61, subdivision (c) offense and at

2015The People also must plead and prove at least one aggravating circumstance specified in section 667.61, subdivision (d) or (e)." (People v. Wutzke (2002) 28 Cal.4th 923, 930 .) 2 Former section 667.61 provided, in relevant part: "(a) A person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 25 years except as provided in subdivision

32014–2020
People v. Rodriguez green
calctapp · 2012
2 sentences

2015Section 667.61 "sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . ." (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15-years-to-life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the 25 circumstances listed in section 667.61, subdivision (e).2 (Former § 667.61, subd. (b); see People v. Rodriguez (2005) 130 Cal.App.4th 1257, 1261 ["section 667.61—o

2014Section 667.61 “sets forth an alternative and harsher sentencing scheme for certain enumerated sex crimes . . . .” (People v. Mancebo (2002) 27 Cal.4th 735, 741 ; People v. Rodriguez (2012) 207 Cal.App.4th 204, 211 .) The statute provides, among other things, for mandatory sentences of 15 years to life sentences for defendants convicted of one of the sex offenses enumerated in section 667.61, subdivision (c), and under one of the circumstances listed in section 667.61, subdivision (e).3 (Former § 667.61, subd. (b); see 2 Molina does not challenge his sentence on count 4. 3 Former section 667.6

22014–2015
People v. Farr green
calctapp · 1997
2 sentences

2013(People v. Calhoun, supra, 40 Cal.4th at pp. 402-405; Farr, supra, 54 Cal.App.4th at p. 845 ; People v. Manners, supra, 180 Cal.App.3d at p. 833 .) And a defendant violates section 264.1 when he commits sexual penetration as an aider and abettor. (§ 264.1, subd. (a); People v. Lopez, supra, 116 Cal.App.3d at pp. 884-885.) Speight argues that even if an aider and abettor can “commit” a sexual offense within the meaning of section 667.61(e)(2), there was insufficient evidence to establish his liability under a direct aiding and abetting theory.

2013(People v. Calhoun, supra, 40 Cal.4th at pp. 402-405; Farr, supra, 54 Cal.App.4th at p. 845 ; People v. Manners, supra, 180 Cal.App.3d at p. 833 .) And a defendant violates section 264.1 when he commits sexual penetration as an aider and abettor. (§ 264.1, subd. (a); People v. Lopez, supra, 116 Cal.App.3d at pp. 884-885.) Speight argues that even if an aider and abettor can “commit” a sexual offense within the meaning of section 667.61(e)(2), there was insufficient evidence to establish his liability under a direct aiding and abetting theory.

22000–2013
People v. Williams green
cal · 2024
1 sentence

2026Counts 5 through 32, 34 through 89, and 90 through 99 included an allegation under section 667.61, subdivisions (c) and (e), that the offenses were committed against more than one victim, which made Moffat eligible for an indeterminate life term for each offense under section 667.61, the so-called “One Strike” law (People v. Williams (2024) 17 Cal.5th 99 , 110).

12026–2026
People v. Anderson green
cal · 2009
1 sentence

2026(People v. Mancebo (2002) 27 Cal.4th 735, 741 (Mancebo).) The One Strike law “mandates an indeterminate sentence of 15 or 25 years to life in prison when the jury has convicted the defendant of a specified felony sex crime (§ 667.61 [listing applicable crimes]) and has also found certain factual allegations to be true (§ 667.61, subds. (d), (e)).” (People v. Anderson (2009) 47 Cal.4th 92, 102 .) At all relevant times, a violation of section 288, subdivision (a) has been a One Strike offense enumerated in section 667.61, subdivision (c), and section 667.61, subdivision (e) has included a multip

12026–2026
People v. Salazar green
cal · 2023
2 sentences

2025Ramirez was convicted in count 11 of aggravated sexual assault of a child, not rape, and aggravated sexual assault of a child is not one of the qualifying offenses under section 667.61. 44 and therefore, it would have imposed the same sentence even if it had been aware of the error. ““‘Defendants are entitled to sentencing decisions made in the exercise of the ‘informed discretion’ of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that ‘informed discretion’ than one whose sentence is or may have been based on misinforma

2025Ramirez was convicted in count 11 of aggravated sexual assault of a child, not rape, and aggravated sexual assault of a child is not one of the qualifying offenses under section 667.61. 44 and therefore, it would have imposed the same sentence even if it had been aware of the error. ““‘Defendants are entitled to sentencing decisions made in the exercise of the ‘informed discretion’ of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that ‘informed discretion’ than one whose sentence is or may have been based on misinforma

12025–2025
People v. Gutierrez green
cal · 2014
2 sentences

2025Ramirez was convicted in count 11 of aggravated sexual assault of a child, not rape, and aggravated sexual assault of a child is not one of the qualifying offenses under section 667.61. 44 and therefore, it would have imposed the same sentence even if it had been aware of the error. ““‘Defendants are entitled to sentencing decisions made in the exercise of the ‘informed discretion’ of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that ‘informed discretion’ than one whose sentence is or may have been based on misinforma

2025Ramirez was convicted in count 11 of aggravated sexual assault of a child, not rape, and aggravated sexual assault of a child is not one of the qualifying offenses under section 667.61. 44 and therefore, it would have imposed the same sentence even if it had been aware of the error. ““‘Defendants are entitled to sentencing decisions made in the exercise of the ‘informed discretion’ of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that ‘informed discretion’ than one whose sentence is or may have been based on misinforma

12025–2025
People v. Valdez green
calctapp · 2011
2 sentences

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

2022(See People v. Zaldana (2019) 43 Cal.App.5th 527 , 536 [because “section 288, subdivision (a) does not fall within [subdivision (c)(1)-(7)]—it is listed in section 667.61, subdivision (c)(8)— . . . the court retains discretion to impose concurrent or consecutive 25-year-to-life terms for the three violations of section 288, subdivision (a)”], review granted 26 Mar. 18 , 2020, S259731.) Section 667.61, subdivision (i), “by implication leaves the decision to impose consecutive or concurrent terms” for the nonspecified offenses in section 667.61, subdivision (c), “to the sentencing court’s discre

12022–2022
Le Francois v. Goel green
cal · 2005
1 sentence

2022Lopez’s interpretation of section 667.61 is correct. “‘The expression of some things in a statute necessarily means the exclusion of other things not expressed.’” (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1105 ; accord, People v. Gollardo (2017) 17 Cal.App.5th 547, 557 .) Because section 667.61, subdivision (i), requires a trial court to impose consecutive sentences for certain offenses in section 667.61, subdivision (c)—namely, those listed in subdivision (c)(1) to (7)—it does not require the court to impose consecutive sentences for other offenses in the statute—namely, subdivision (c)(8)

12022–2022
People v. Anderson green
cal · 2020
1 sentence

2021To be subjected to any of the harsher penalties under the One Strike law, due process mandates a defendant be provided sufficient notice. “‘“No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge, if desired, are 12 There are currently seven different circumstances identified under subdivision (d), and another seven circumstances identified under subdivision (e) of section 667.61. (§ 667.61, subds. (d)(1)–(7) & (e)(1)–(7).) 29. among the constitutional rights of every ac

12021–2021
People v. Carbajal green
cal · 2013
1 sentence

2020The question of whether Foley should have been sentenced pursuant to subdivision (j)(2) is not before us. 5 subdivision (e) circumstances are found true, he or she must be sentenced to a term of 25 years to life. (§ 667.61, subd. (a).) If only one subdivision (e) circumstance is found true, he or she must be sentenced to 15 years to life. (§ 667.61, subd. (b); People v. Wutzke, at p. 930.) Commission of a lewd act upon a child under 14 years old in violation of section 288, subdivision (a)—the crime of which Foley was convicted in counts 6, 7, and 8—is an offense enumerated in subdivision (c).

12020–2020
People v. Hammer green
cal · 2003
1 sentence

2020(People v. Hammer (2003) 30 Cal.4th 756, 759 ; People v. Perez (2015) 240 Cal.App.4th 1218, 1223 .) Subject to exceptions provided in subdivisions (j), (l), and (m), section 667.61 provides that a defendant must be sentenced to an indeterminate life term when convicted of a sex offense enumerated in section 667.61, subdivision (c), under one or more of the circumstances listed in subdivisions (d) or (e) of the statute.4 (See People v. Wutzke (2002) 28 Cal.4th 923, 930 ; People v. Perez, at p. 1223.) Specifically, if the defendant is convicted of a section 667.61, subdivision (c) offense and at

12020–2020
People v. Perez green
calctapp · 2015
1 sentence

2020(People v. Hammer (2003) 30 Cal.4th 756, 759 ; People v. Perez (2015) 240 Cal.App.4th 1218, 1223 .) Subject to exceptions provided in subdivisions (j), (l), and (m), section 667.61 provides that a defendant must be sentenced to an indeterminate life term when convicted of a sex offense enumerated in section 667.61, subdivision (c), under one or more of the circumstances listed in subdivisions (d) or (e) of the statute.4 (See People v. Wutzke (2002) 28 Cal.4th 923, 930 ; People v. Perez, at p. 1223.) Specifically, if the defendant is convicted of a section 667.61, subdivision (c) offense and at

12020–2020
People v. Cooper green
calctapp · 1996
1 sentence

2015(People v. Cooper (1996) 43 Cal.App.4th 815, 819-831 .) The one strike law for sex offenses under section 667.61 mandating an automatic minimum sentence of 25 years to life has been upheld against constitutional challenges.

12015–2015
People v. Crooks green
calctapp · 1997
1 sentence

2015(People v. Crooks (1997) 55 Cal.App.4th 797, 803-812 ; People v. Retanan (2007) 154 Cal.App.4th 1219, 1230-1232 [upholding a sentence of 135 years pursuant to the one strike law].) A sentence of over 283 years for multiple sex offenses not charged under the one strike law has overcome a challenge based on cruel and unusual punishment.

12015–2015
People v. Majors green
cal · 1998
1 sentence

2014In People v. Majors (1998) 18 Cal.4th 385 , 410–411 (Majors), the California Supreme Court held that a trial court’s obligation to instruct sua sponte on a lesser included offense does not extend to enhancements.

12014–2014
People v. Manners green
calctapp · 1986
12013–2013
People v. Lopez green
calctapp · 1981
12013–2013
People v. Jones yellow
cal · 2001
12013–2013
People v. Calhoun green
cal · 2007
12013–2013
People v. Byrd green
calctapp · 2011
12012–2012
People v. Craft red
cal · 1986
12001–2001
People v. Jones green
cal · 1988
12001–2001

Statutes the citing opinions construe

CA § Cal. Penal Code § 667.61 (30) CA § Cal. Government Code § 76104.6 (5) CA § Cal. Evidence Code § 1108 (4) CA § Cal. Government Code § 70372 (4) CA § Cal. Government Code § 76000 (4) CA § Cal. Government Code § 76104.7 (4) CA § Cal. Penal Code § 264.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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