P. v. Munoz
Isidro Delarosa Munoz was convicted of eight sex crimes committed during attacks on three victims on three different days. (Pen. Code, 209, subd. (b)(1), 261, subd. (a)(2), 288a, subd. (c)(2), 286, subd. (c)(2).)[1] He was sentenced to state prison for a term of 133 years to life which included five terms of 25 years to life under the one-strike statute ( 667.61).[2] Munoz appeals, claiming the statute permits only one enhancement per incident and that there were only three incidents in this case. The Attorney General concedes the point and we agree that the sentence must be vacated. (Former 667.61, subd. (g) [a term of 25 years to life shall be imposed once for any offense or offenses committed against a single victim during a single occasion]; People v. Jones (2001) 25 Cal.4th 98, 100-101 [single occasion as used in section 667.61 means a close temporal and spatial proximity between offenses]; see also People v. Fuller (2006) 135 Cal.App.4th 1336.)[3]
Munoz raped and orally copulated Elvira H. inside his car within a few minutes, and committed his crimes against Nicole G. in the same manner. For this reason, there may be only one term of 25 years to life under section 667.61 for each victim. (People v. Jones, supra, 25 Cal.4th at pp. 100-101.)
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