People v. Cole

Opinion

DAWSON, J.

Appellant Corrie Donta Cole was sentenced to a doubled term of imprisonment in the present case on the basis of a prior “strike” 1 conviction for violating Penal Code section 288, subdivision (a). 2 The prior conviction occurred in adult court when appellant was 16 years old. At the time of the offense, the victim was 13 years old. Appellant contends his strike sentence in the current case must be set aside because “the Legislature did not intend to treat nonforcible sex between minors as a strike.” (Some capitalization omitted.) He also argues that imposing a strike sentence…