California Court of Appeal

Sentence for conviction of a forcible oral copulation count, under the One Strike law, Pen. Code section 667.61, is vacated where: 1) 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; and 2) the Supreme Court's decision in People v. Mancebo (2002) 27 Cal.4th 735, requires such specificity in pleading under the One Strike law.

Appellate Information

• Decided 10/01/2015
• Published 10/01/2015

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel