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PEOPLE v. JONES

Docket No. S027672.

5 Cal.4th 1142 (1993)

857 P.2d 1163

22 Cal. Rptr.2d 753

THE PEOPLE, Plaintiff and Respondent, v. MONROE JONES, Defendant and Appellant.

Supreme Court of California.

September 13, 1993.

Attorney(s) appearing for the Case

COUNSEL

Scott F. Kauffman, under appointment by the Supreme Court, for Defendant and Appellant.

Kathleen Kahn and J. Bradley O'Connell as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama and Ronald A. Bass, Assistant Attorneys General, Ronald S. Matthias, Joanne S. Abelson, Jeff Rubin and David H. Rose, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

Did the electorate intend, when it enacted Proposition 8, for a sentence to prison to be enhanced both for a prior conviction and for a prison term imposed for that conviction? We conclude not; hence, defendant's unstayed sentence must be reduced from 32 to 31 years' imprisonment.

Defendant was tried for a sexual assault on a fellow county jail inmate. The 18-year...

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