California, United States of America
The following excerpt is from People v. Rangel, B303041 (Cal. App. 2020):
"Invoking section 667.61, subdivision (b), the trial court sentenced defendant to 15 years to life on each of counts 1 and 2. The court stated that it had no choice but to run those sentences consecutively, for a total sentence of 30 years to life. The court imposed and stayed a sentence of 15 years to life on count 3, pursuant to section 654. It also imposed various fines and fees, and issued a protective order barring defendant from contacting G.R. and V.S." (People v. Rangel, supra, B271735.)
On appeal, defendant asserted in part that the multiple victim enhancement as to counts 1 and 2 under section 667.61, subdivisions (b) and (e) was not applicable to his case as a matter of law. The Attorney General agreed. We concurred, stating, "Defendant . . . was convicted of only one offense specified in section 667.61, subdivision (c), against only one victim, G.R. The multiple victim enhancement accordingly was inapplicable as a matter of law and must be reversed." (People v. Rangel, supra, B271735.) We therefore affirmed the judgment, ordered the multiple victim enhancement pursuant to section 667.61,
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subdivisions (b) and (e) stricken, and remanded the case for resentencing. (Ibid.)
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