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PEOPLE v. BENSON

No. S061678.

74 Cal.Rptr.2d 294 (1998)

18 Cal.4th 24

954 P.2d 557

The PEOPLE, Plaintiff and Respondent, v. Russell Donald BENSON, Defendant and Appellant.

Supreme Court of California.

May 14, 1998.

Attorney(s) appearing for the Case

Russell S. Babcock, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter, Pamela C. Hamanaka and Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, Chief Justice.

In 1994, the Legislature, and thereafter the electorate, enacted similar "Three Strikes" laws. (See Pen.Code, §§ 667, subds. (b)-(i), 1170.12.)1 Under these provisions, a defendant who has one qualifying prior conviction, or "strike," may receive a lengthier sentence than would have been possible without that strike, and a defendant with two strikes may receive an even lengthier sentence. (See People...

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