P. v. Graddy
jury convicted Trent Graddy of rape (Pen. Code,[1] 261, subd. (a)(2)), oral copulation ( 288a, subd. (c)(2)), sexual battery ( 243.4, subd. (a)), and committing a lewd act with a minor ( 288, subd. (c)(1)). The jury also returned aggravated kidnapping findings under the "One Strike" sentencing law with respect to the rape and oral copulation convictions ( 667.61, subd. (d)(2)). The jury acquitted Graddy of a separate count of kidnapping with intent to commit rape or oral copulation ( 209, subd. (b)(1)). In accordance with the One Strike law, the trial court sentenced Graddy to 37 years to life in prison. Court agree that the One Strike sentencing enhancements must be stricken based on instructional error that relieved the prosecution of its constitutionally imposed burden of proving each element of the One Strike enhancements beyond a reasonable doubt. For Graddy to be imprisoned for life under the One Strike law, the jury was required to find, among other things, that he "kidnapped" the victim of his crimes as that term is defined by law. ( 667.61, subd. (d)(2).) The trial court's instructional error, coupled with the jury's acquittal of Graddy on the kidnapping count for which it was properly instructed, leaves significant doubt as to whether the jury did so here. Consequently the trial court's instructional error cannot be deemed "harmless," and Court are required to strike the One Strike enhancements.
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