People v. Kelly

Opinion

PEÑA, J.

INTRODUCTION

Does the “One Strike” law (Pen. Code, 1 § 667.61) apply to a defendant who kidnaps his victim immediately after the completion of forcible sex offenses against her? We conclude it does.

Defendant John Michael Kelly was charged with two counts of forced oral copulation (§ 288a, subd. (c)(2)(A); counts 1 and 2) and one count of aggravated kidnapping (§ 209, subd. (b)(1); count 3). Special circumstances of aggravated kidnapping (§ 667.61, subd. (d)(2)) and simple kidnapping (§ 667.61, subd. (e)(1)) were also alleged as to counts 1 and 2 under the One Strike law.

A jury…