People v. PerezAnnotate this Case
Defendant was convicted of six crimes related to his kidnapping of a woman at knifepoint and then subjecting her to a series of sexual acts. Defendant was 16-years-old at the time he committed the crimes, and he was sentenced to 52 years to life in prison. In the published portion of the court's opinion, the court concluded that the trial court erred in imposing a sentence of 25 years to life on the forcible oral copulation count, under the “One Strike” law because the People did not as to that count plead any circumstance triggering application of Penal Code section 667.61, and never moved to amend the information to allege any such circumstance. The court vacated the sentence because its Supreme Court's decision in People v. Mancebo requires such specificity in pleading under the One Strike law. The court affirmed the convictions and remanded for resentencing.