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PEOPLE v. FULLER

No. B177064.

38 Cal.Rptr.3d 428 (2006)

135 Cal.App.4th 1336

The PEOPLE, Plaintiff and Respondent, v. Bobby Willard FULLER, Jr., Defendant and Appellant.

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

January 26, 2006.

Attorney(s) appearing for the Case

Edward H. Schulman, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

ROTHSCHILD, J.

In this case, we hold that three rapes all committed against the same victim within an hour and within her apartment occurred "during a single occasion" under the "one strike" law punishing forcible sex crimes, and thus that only one "one strike" sentence may be imposed for the three rapes. (Pen.Code § 667.61, subd. (g); all further section references are to the Penal Code...

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