California Court of Appeal

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PEOPLE v. CERVANTES, B145387

The One Strike law, Pen. Code, Section 667.61, and the Three Strikes law, Pen. Code, Sections 667, subds. (b)-(i) & 1170.12, subds. (a)-(d), are cumulative sentencing schemes, and a trial court may not use the same prior conviction to both qualify a defendant for a 25-years-to-life sentence under section 667.61 and as a strike under the Three Strikes law.

Appellate Information

  • Decided 01/24/2002
  • Published 01/24/2002

Judges

  • GILBERT, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Judith Kahn, under appointment by the Court of Appeal, Ukiah, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, and Kenneth C. Byrne, Deputy Attorney General, for Plaintiff and Respondent.
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