California Court of Appeal

Dismissal of continuing sexual abuse counts, and sentencing on lewd conduct counts was proper under Penal Code section 288.5(c). Application of the "one strike" law to lewd conduct charges violated ex post facto provisions, where punishment imposed was in excess of that which would have been received at the time of the offenses.

Appellate Information

• Decided 08/05/2002
• Published 08/05/2002

Judges

• BOREN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Edward H. Schulman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jamie L. Fuster, Supervising Deputy Attorney General and J. Michael Lehmann, Deputy Attorney General, for Plaintiff and Respondent.