What are the consequences of Defendant's two prior convictions for sexual assault on a minor?

California, United States of America


The following excerpt is from People v. Madueno, F074422 (Cal. App. 2019):

3. Defendant's two current convictions in this case are for offenses that are not serious or violent felonies. However, he was ineligible for the ameliorative sentencing provisions of Proposition 36, the Three Strikes Reform Act and still subject to a third strike term because his prior strike convictions were for murder ( 187, subd. (a)) and commission of a lewd and lascivious act with force upon a child under the age of 14 years ( 288, subd. (b)(1)). (See People v. Estrada (2017) 3 Cal.5th 661, 667; 1170.12, subds. (c)(2)(C)(iv)(I)-(IV).)

Other Questions


Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
What are the consequences of having prior convictions for sexual assault against a minor? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
Can a defendant be charged with a charge of assault with intent to cause grievous bodily harm against a defendant who was previously convicted of a minor assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.