People v. Jones

Opinion

MOSK, J.

Did the electorate intend, when it enacted Proposition 8, for a sentence to prison to be enhanced both for a prior conviction and for a prison *1145term imposed for that conviction? We conclude not; hence, defendant’s unstayed sentence must be reduced from 32 to 31 years’ imprisonment.

Defendant was tried for a sexual assault on a fellow county jail inmate. The 18-year-old victim, a resident of Merrimack, New Hampshire, had arrived in San Francisco 12 days before he was arrested for marijuana possession with intent to sell.

The victim testified that defendant approached him because,…