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PEOPLE v. VELASQUEZ

No. B118432.

81 Cal.Rptr.2d 647 (1999)

69 Cal.App.4th 503

The PEOPLE, Plaintiff and Respondent, v. David Rodriguez VELASQUEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing February 22, 1999.

Attorney(s) appearing for the Case

Douglas G. Benedon, Woodland Hills, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, Susan C. Diamond, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, J.

To our knowledge, David Rodriguez Velasquez presently occupies a singular place in California penal history. That is to say, he is the only person ever to have been sentenced to state prison for three years for annoying or molesting a child with a qualifying prior conviction in violation of Penal Code section 647.6(c)(2). For this offense, the Legislature has determined that the punishment is either two years, four years, or six years in prison. We modify...

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