People v. Jenkins

Opinion

GEORGE, J.

We granted review in this case to resolve several questions that have arisen with regard to the proper application of Penal Code section 667.7, 1 a habitual offender sentencing provision enacted in 1981 and predating the recently enacted “three-strikes” legislation. 2 In particular, we must determine (1) whether a defendant who is convicted of murder and meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a), properly should be sentenced under section 190 (as the Court of Appeal held in this case) or instead under section 667.7; (2)…