MULTIPLE CRIMES, THE ONE-STRIKE SEX LAW, AND EX POST FACTO
A sentence for a crime can't be increased after commission of the
crime, because of ex post facto.
At the time of the first sex crime, California Penal Code sec. 784.7 required prosecution in the county where the crime occurred. 784.7 was then amended, and when the defendant committed the second sex crime, 784.7 permitted joining all sex crimes in any county where one was committed.
The defendant was charged under California Penal Code sec. 667.61, the one-strike sex
law, on the basis of being convicted of multiple offenses in one proceeding. So does ex post facto bar this? Nope, says this Court of Appeal, with incomprehensible reasoning.
Hey, the defendant was on notice about the 784.7 amendment when he did the second crime. Huh?
People v. Acosta; 2009 DJ DAR 11623; DJ, 8/10/09; C/A 4th
