Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
San Diego Law Review
This Casenote questions the holding in People v. Hicks, a California Supreme Court decision in December 1993, which held that sex offenders are subject to multiple full-term consecutive sentences for both non-sex and sex offenses. The author argues that this decision exceeds the interpretive limits of the sex offender sentencing statutes in California. Based on a potentially applicable statutory prohibition regarding multiple punishments, this holding is criticized for abusing the court's interpretive authority. In addition, this decision is argued to open the door to a potential dramatic increase in sentences that the legislature never intended.