Error and/or relief
We find there was insufficient evidence to prove beyond reasonable doubt that the defendant’s prior strikes were based on separate criminal acts, and we remand for resentencing on that basis. There was insufficient evidence to impose his federal conviction for bank robbery as a prior strike because it could not be shown that the conviction was based on a different criminal act than either of his two state robbery convictions.
First Holding:
If two strike offenses are based on a single act, the court must dismiss one of the strikes.
Authority:
People v. Vargas (2014) 59 Cal.4th 635, 638
Second Holding:
Prior convictions for multiple criminal acts committed in a single course of conduct may be treated as separate strikes, so long as the convictions are not so closely connected that treating them as separate strikes would be contrary to the spirit of the Three Strikes law.
Authority:
People v. Benson (1998) 18 Cal.4th 24, 35
People v. Vargas (2014) 59 Cal.4th 635, 648
[GARY NOTE: The California Supreme Court issued its opinion–published, of course, but hey!–in People v. Shaw (2025) 18 Cal.5th 1089 on December 15, 2025. It concluded that only one strike can be based on the single act of vehicular manslaughter that resulted in the death of two occupants of the car his vehicle struck. One justice wrote a concurring opinion in which he questioned the continuing validity of People v. Benson (1998) 18 Cal.4th 24 (holding that two prior offenses committed seconds apart against a single victim may be treated as separate strikes) and People v. Fuhrman (1997) 16 Cal.4th 930 (holding that two offenses committed in quick succession against two separate victims qualify as separate strikes). Two other justices agreed with the concurring opinion. It may be that the majority believed that Shaw did not present the precise question raised in Benson and Furhman and therefore decided not to venture beyond the facts before it at this time. That’s pure speculation by me, of course. But there may be an audience in our high court willing to closely examine exactly what can constitute separate strikes where the crimes are closely related in time and nature.]Third Holding:
Penal Code section 654 does not apply to successive federal and state prosecutions.
Authority:
People v. Belcher (1974) 11 Cal.3d 91, 98
People v. Fielder (2004) 114 Cal.App.4th 1221, 1234 [Retrial of prior conviction findings is not barred by the state or federal prohibitions on double jeopardy even when a prior conviction finding is reversed on appeal for lack of substantial evidence]