P. v. Barkley
A jury convicted defendant Christopher Barkley of oral copulation with a minor under 16 (count 1), lewd or lascivious acts on a child 14 or 15 (count 2), and five counts of furnishing a controlled substance to a minor by an adult (counts 5-10). It also found true allegations that the minors were four years younger than defendant for purposes of one-, two-, or three-year sentence enhancements. The trial court then found that a prior prison-term conviction suffered and admitted by defendant constituted a strike for purposes of the Three Strikes law over defendants objection that the prior did not amount to a strike because it was a misdemeanor. The trial court sentenced defendant to 30 years and four months consisting of a 12-year midterm (six years doubled under Three Strikes law) for count 5 plus a two-year enhancement, 16 months consecutive (one-third midterm doubled) for count 1, four years consecutive (one-third midterm doubled) each for counts 6, 7, and 9 plus eight-month enhancements for each, and a one-year term for the prior-prison-term finding. It imposed concurrent terms for counts 2 (four-year midterm), 8 (12-year midterm), and 10 (12-year midterm).
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