Can a defendant who committed a sex offence against multiple victims receive a life sentence under section 799 of the California Code of Criminal Procedure?

California, United States of America


The following excerpt is from People v. Iturralde, C090456 (Cal. App. 2020):

Defendant acknowledges that under section 799, offenses carrying a life term are not subject to a statute of limitations. ( 799, 800.) He further acknowledges that under the One Strike law ( 667.61), a defendant convicted of section 288 violations against multiple victims is subject to a sentence of life imprisonment. ( 667.61, subds. (b) & (e)(4); see also People v. Perez (2010) 182 Cal.App.4th 231, 239-240 [holding that section 667.61 is an alternative penalty scheme that applies under section 799].) However, defendant argues the version of the One Strike law in effect when he committed the crimes did not include section 288, subdivision (a) as a qualifying offense, and therefore constitutionally cannot be applied to him.

Other Questions


Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who has committed multiple offences in the same criminal offence? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant who committed a criminal offence before it was changed to a minor criminal offence receive a reduction in their sentence? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, pursuant to section 1170.1? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple sex offenders from receiving multiple punishment for multiple sex crimes committed during a single course of conduct? (California, United States of America)
Is Section 654 of the California Criminal Code applicable to a defendant who has committed a criminal offence under section 654 (1) of the Act 654, 654? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure apply to a defendant who has committed a criminal offence under the same law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.