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PEOPLE v. CERVANTES

No. B145387.

115 Cal.Rptr.2d 760 (2002)

95 Cal.App.4th 598

The PEOPLE, Plaintiff and Respondent, v. Jose Luis CERVANTES, Defendant and Appellant.

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

Review Granted April 10, 2002.

Attorney(s) appearing for the Case

Judith Kahn, under appointment by the Court of Appeal, Ukiah, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, and Kenneth C. Byrne, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

Here we hold that the "One Strike" law (Pen.Code, § 667.61)1 and the "Three Strikes" law (§§ 667, subds.(b)-(i) & 1170.12, subds. (a)-(d))2 are cumulative sentencing schemes. We also hold that the trial court may not use the same prior conviction to both qualify a defendant for a 25-years-to-life sentence under section 667.61 and as a strike under the Three Strikes law. A different...

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