People v. Murphy

Summary

The Supreme Court of California considered whether a prior conviction for oral copulation with a child under 14 qualified as a strike under the Three Strikes law, whether California Penal Code section 667.71 permitted a separate sentence for each new qualifying conviction, and whether both sentencing schemes applied. The court concluded that the prior conviction was a strike, section 667.71 authorized a separate term for each new qualifying conviction, and both statutes applied in determining the sentence.

Holdings

1. A conviction for oral copulation with a child under 14 years of age by a person more than 10 years older than the child is a lewd or lascivious act within Penal Code section 1192.7, subdivision (c)(6), and therefore qualifies as a serious felony and a strike under the Three Strikes law.
2. Penal Code section 667.71 authorizes a separate consecutive sentence of 25 years to life for each new qualifying conviction.
3. A defendant who meets the requirements of both statutes must be sentenced under both the Three Strikes law and Penal Code section 667.71; Penal Code section 654 does not bar their combined application.

Questions Presented

1. Whether Murphy's prior conviction for oral copulation with a child under 14 constituted a serious felony and therefore a strike under the Three Strikes law.
2. Whether Penal Code section 667.71 authorizes a separate 25-years-to-life term for each new qualifying conviction sustained in one proceeding.
3. Whether a defendant meeting the criteria of both the Three Strikes law and Penal Code section 667.71 may be sentenced under both statutes.
4. Whether Penal Code section 654 prohibits applying both recidivist sentencing provisions.
5. Whether the Three Strikes law requires the section 667.71 term to be tripled.

Disposition

affirmed