People v. Rivas

Opinion

VARTABEDIAN, P. J.

Does the “One Strike” law (Pen. Code, § 667.61) 1 preclude the trial court from exercising its discretion at sentencing pursuant to section 1385 to strike sentencing factors that are alleged and proved under a separate sentencing provision but are “additional” to those necessary to find that a defendant is subject to the One Strike law? This is the sole issue raised on this appeal by defendant Javier Antonio Rivas, who was convicted by jury of forcible rape, kidnapping, and assault by means of force likely to produce great bodily injury. In addition, three triggering…