California Court of Appeal

Sentence for conviction of forcible oral copulation, Pen. Code section 288a(c)(2)(A), and aggravated kidnapping, section 209(b)(1), with special circumstances of aggravated kidnapping, section 667.61(d)(2) and simple kidnapping, is vacated where the trial court erred in sentencing defendant for the aggravated kidnapping circumstance and the substantive offense of simple kidnapping because he was punished twice for the same act of kidnapping, as the 'One Strike' law, section 667.61, applies to a defendant who kidnaps his victim immediately after the completion of forcible sex offenses against her.

Appellate Information

• Published 2016/03/24

Judges

• PENA

Court

• California Court of Appeal

Counsel