People v. FoleyAnnotate this Case
Defendant was convicted of sexually molesting his two granddaughters, F. and A. The Court of Appeal held that defendant's previous conviction for molesting A.—suffered in an entirely separate proceeding that concluded long before the trial of his offenses against F.— does not fall within Penal Code 667.61, subdivision (e)(4)'s multiple victim circumstance as a matter of law. Therefore, the trial court should not have instructed on the multiple victim circumstance or submitted it to the jury. The court explained that, because sentencing under the One Strike law in the absence of a valid qualifying circumstance is an unauthorized sentence, the One Strike sentences on counts 6, 7, and 8 are unauthorized. The court struck the multiple victim circumstances and remanded for resentencing. The court affirmed in all other respects.