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.
Michael A. Barmettler,
People v. Hicks: Sentencing Laws and Sex Offenses - A Disingenuous Approach by the California Supreme Court,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol32/iss1/7