PEOPLE v. DIAZ

No. B129371.

92 Cal.Rptr.2d 682 (2000)

78 Cal.App.4th 243

The PEOPLE, Plaintiff and Respondent, v. Jose Guadalupe DIAZ, Defendant and Appellant.

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

Review Denied May 24, 2000.


Attorney(s) appearing for the Case

William J. Capriola, under appointment by the Court of Appeal, Berkeley, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Sanjay T. Kumar, Supervising Deputy Attorney General, Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.*

O'NEILL, J.**

I. INTRODUCTION

Defendant Jose Guadalupe Diaz was convicted by jury of sexually assaulting and attempting to rob a woman he accosted on the street and forced into a nearby park. His 80-year-to-life state prison sentence resulted from the combined effect of the so-called three strikes and one strike sentencing statutes. We remand for resentencing...

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