People v. Fuller

In People v. Fuller (2006) 135 Cal.App.4th 1336, the Court of Appeal held that the imposition of three One Strike sentences for three acts of rape against a single victim was improper. The instant case is distinguishable from Fuller. There, the defendant approached Ms. L., a stranger, and struck her in the face with a gun in a parking lot before forcing her back to her apartment. (Id. at p. 1339.) Once inside, the defendant raped Ms. L. twice in the bedroom and then once in the living room before leaving. (Ibid.) Significant in Fuller, the facts imply that the defendant and Ms. L. were alone. (See ibid.) Further, "defendant kept Ms. L. under his continuous and uninterrupted control during the entire time of the incident. Thus, there was a close temporal and spatial proximity between the three offenses." (Id. at p. 1343.)