California v. Huynh
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Police were dispatched to "Julie N.'s" high school after she presented a personal essay explaining that a family member had sexually assaulted her. Julie was 15 at the time of her interview; she was 11 or 12 when the assault allegedly occurred. An information charged defendant Randy Huynh with committing a felony lewd act on a child under 14 years old. The complaint alleged he committed the offense against Julie N., and again against more than one victim. Huynh filed a demurrer to the information on the grounds the information alleged only one victim. The prosecutor conceded, and the trial court sustained the demurrer. An amended information charged Huynh with committing a forcible lewd act on a child under 14 years old, and this time alleged "that prior to the commission of the above offense," Huynh suffered a conviction of violating section 288, subdivision (b) (Penal Code sec. 667.61, subds. (a), (d)(1)). Huynh filed a motion to dismiss the section 667.61, subdivision (d)(1), allegation pursuant to section 995. The court concluded section 667.61 was a recidivism statute. The District Attorney appealed the order dismissing the section 667.61, subdivision (d)(1), allegation. The issue this case presented to the Court of Appeal was what the term "previously convicted" meant with respect to section 667.61, subdivision (d)(1). The Orange County District Attorney argued "previously convicted" meant a defendant was convicted of a qualifying offense but it was immaterial whether the qualifying offense occurred before or after the currently charged offense and the trial court erred in dismissing the section 667.61, subdivision (d)(1), allegation. Defendant argued "previously convicted" meant a defendant was convicted of a qualifying offense before the commission of the currently charged offense and the court properly dismissed the section 667.61, subdivision (d)(1), allegation. The Court of Appeal agreed with defendant and affirmed the trial court's order dismissing the section 667.61, subdivision (d)(1), allegation.
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