CALIFORNIA SEX CRIMES: FULL CONSECUTIVE SENTENCES AND JESSICA'S LAW
FULL CONSECUTIVE SENTENCES AND JESSICA'S LAW? NO
California Penal Code sec. 667.6(c) provides for full consecutive sentences for sex crimes. Until Jessica's Law was enacted, 667.6(c) said that the defendant got a full consecutive sentence for "each violation" of a specified sex offense, whether or not the crimes were committed during a single transaction.
Jessica's Law (Prop. 83), effective 11/8/06, repealed 667.6(c) and said instead that the defendant gets a full consecutive sentence for each crime involving the same victim on the same occasion. Clear, yes? Well, the AG argues here that the purpose of Jessica's Law was to strengthen the laws applicable to sex offenders, so the Court of Appeal should rewrite the statute to its previous version.
This Court of Appeal declines to do so, ruling that a general statement of intent can't overcome the express and clear statutory language.
People v. Goodliffe; 2009 DJ DAR 13697; DJ, 9/16/09; C/A 3rd
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