People v. Scott

Opinion

KING, J.

I. INTRODUCTION

A jury found defendant guilty of violating Penal Code section 285 1 (incest), based on evidence that he had sexual intercourse with his 18-year-old daughter. In a bifurcated trial, the trial court found that defendant had one prior strike conviction, a 1991 robbery conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Defendant was sentenced to six years in prison, consisting of the aggravated term of three years doubled to six years based on the prior strike conviction. 2 Defendant appeals. Relying on Lawrence v. Texas (2003) 539 U.S. 558 [156 L.Ed.2d…