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People v. Sutton

Citations: 163 Cal. App. 3d 438; 209 Cal. Rptr. 536; 1985 Cal. App. LEXIS 1505Docket: A023026

Court: California Court of Appeal; January 7, 1985; California; State Appellate Court

Narrative Opinion Summary

In this case, the defendant was convicted of multiple sexual offenses, including two counts of rape and two counts of forcible oral copulation, in addition to assault with a deadly weapon. The proceedings revolved around the interpretation of Penal Code statutes concerning sentence enhancements. The trial court originally imposed full consecutive sentences for the two acts of forcible oral copulation, determining that they occurred on 'separate occasions' as defined by Penal Code section 667.6, subdivision (d), due to a significant interruption in the defendant's conduct. The defendant challenged the constitutionality of the term 'separate occasions,' but the court relied on existing precedent to uphold its clarity. Furthermore, the court reversed a five-year enhancement under Penal Code section 667, determining that assault with a deadly weapon did not qualify as a 'serious' felony under section 1192.7, subdivision (c). Additionally, the court found that the trial court had discretion to strike certain enhancements, as outlined in Penal Code sections 667.5 and 12022.3. Consequently, the court reversed the enhancements and remanded the case for resentencing, affirming the judgment in all other respects. The petition for rehearing was denied.

Legal Issues Addressed

Constitutionality of 'Separate Occasions' Terminology

Application: The term 'separate occasions' in Penal Code section 667.6, subdivision (d) is not unconstitutionally vague, as precedent from In re Culbreth provides sufficient clarity for interpretation.

Reasoning: Sutton contends that the term 'separate occasions' in this statute is unconstitutionally vague. However, precedents from the California Supreme Court, particularly in In re Culbreth, demonstrate that similar terminology has been deemed sufficiently clear...

Discretion to Strike Sentence Enhancements

Application: The trial court retains discretion to strike enhancements under Penal Code sections 667.5 and 12022.3, despite statutory language suggesting mandatory imposition.

Reasoning: In the case of section 12022.3, although the statute states that the enhancement 'shall' be imposed, precedent from People v. Williams clarifies that mandatory language does not eliminate a trial court's discretion to strike the enhancement...

Separate Occasions under Penal Code Section 667.6, Subdivision (d)

Application: The court determined that the offenses occurred on separate occasions due to an interruption in criminal conduct marked by a change in behavior and a geographic shift, thus supporting full consecutive sentences.

Reasoning: The court noted that after Sutton's assault on Donna, he exhibited a change in behavior by showing concern for her, administering first aid, and allowing her some freedom before committing additional offenses, indicating a clear interruption in the criminal conduct.

Serious Felony Classification under Penal Code Section 1192.7, Subdivision (c)

Application: Assault with a deadly weapon does not qualify as a serious felony under this statutory provision because it does not align with specific, statutorily defined crimes or enhancements.

Reasoning: Ultimately, the court finds that assault with a deadly weapon does not meet the criteria for a serious felony as defined under subdivision (c)(23) of section 1192.7, which must refer to specific, statutorily defined crimes or enhancements rather than just factual circumstances of an offense.