I have a case set for trial where Count I is Agg Sex Assault with a child under 6 years and Count II is Indecency. The offense date is this year. The defendant has a prior from 1992 in California for engaging in oral sex with a ten year old. (the penal code section was 288 Lewd and Lascivious Acts with a Child). I want to file enhancement notice. I think that I can't enhance Count I b/c it is already 25 to life and his prior is not similar enough under the auto-life statute, but I'm not sure. I think that his prior will enhance Count II to first degree punishment range. Prior to the law change, wouldn't count II be an auto-life? Now is it just a first degree felony? Any suggestions and help would be really appreciated.

Why would you want to enhance? Just complicates things. If you get a conviction under 25-life, there is no parole. Once the jury hears about the prior, sounds like life will happen -- and no parole. If you enhance with auto life, you open up yourself for an appellate issue and eligibility for parole.