People v. Alvarado

Opinion

WUNDERLICH, J.

I. Introduction

Penal Code section 667.61,1 commonly known as the “One Strike” law (People v. Rayford (1994) 9 Cal.4th 1, 8 [36 Cal.Rptr.2d 317, 884 P.2d 1369]), mandates indeterminate life terms for those who, among other things, commit a rape “during the commission of a burglary.” (§ 667.61, subds. (b) & (e)(2).)2 In this case, we hold that the phrase “during the commission of a burglary” includes the period of time that a burglar remains on the premises after entry and extends until the burglar has reached a place of temporary safety.

*184II. Statement of the Case

A jury…