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California Court of Appeal


People v. Mariscal, 063305

Sentence for defendant's conviction of raping his daughter, Pen. Code section 261(a)(2), when she was 15 years old and committing lewd and lascivious conduct against her when she was 10 years old, section 288(a), is: 1) affirmed in part where the trial court did not err by sentencing defendant under the One Strike law; but 2) vacated in part where defendant must be resentenced on the rape conviction to a term of 15 years to life.

Appellate Information

  • Published 2016/05/11

Judges

  • RAMIREZ

Court

  • California Court of Appeal

Counsel

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