People v. Velasquez

Opinion

YEGAN, J.

To our knowledge, David Rodriguez Velasquez presently occupies a singular place in California penal history. That is to say, he is the only person ever to have been sentenced to state prison for three years for annoying or molesting a child with a qualifying prior conviction in violation of Penal Code section 647.6, subdivision (c)(2). For this offense, the Legislature has determined that the punishment is either two years, four years, or six years in prison. We modify the judgment to the only permissible sentence which could be imposed consistent with his negotiated…