State v. Livingston

I join in the Court’s disposition of the “three strikes” issue. I disagree with the Court’s conclusion that its holding reflects the *226intent of the Legislature. Ante at 224. I have little doubt that the Legislature will be surprised to learn that a defendant convicted on the same day on two indictments for robberies committed on separate occasions is ineligible' for sentencing under the “Three Strikes” law on the occasion of his third conviction, but that he would have been eligible for such sentencing if his first two convictions had occurred on successive days.

Nevertheless, I concur in the…