copulation was not listed in the statute. (Id. at p. attempted crimes are 10.) “Because considered to be separate and distinct, they are not automatically included in the list of sexual offenses to which section 667.6, subdivision (c), applies. [Citations.] Furthermore, if the Legislature had intended to include attempts in the enhancement provisions, it would have specifically stated the enhancement applies to the ‘commission or attempted of specific crimes as it did in other enhancement commission’ provisions.” (Id. at pp. 10–11.) In (1992) 8 Cal.App.4th 960, 962–963, the court concluded section People v. Jillie 1202.1, which requires a defendant to submit to testing for the human immunodeficiency virus when convicted of enumerated offenses, did not apply to attempts to commit the crimes not find the statute ambiguous. It expressly identifies the enumerated. “We do offenses within its scope, all of which are completed offenses. Had the Legislature meant to include attempts among the covered offenses, it could easily have done so as it has in other instances, for example, [] section 667.5, subdivision (c)(12) specifying attempted murder as one of several violent felonies, and [] section 1192.7, subdivision (c)(27) making an attempt to commit any of the specifically listed felonies also a serious felony.” (Id. at p. 963.) Finally, in (2005) 129 Cal.App.4th 1281, the court considered the People v. Reed three-year enhancement for a prior drug conviction under section 11370.2, subdivision (a), which applies to person convicted of a violation of, or of a “[a]ny conspiracy to specified drug offenses. It held the statute could not be used to violate,” enhance a sentence for an attempt to commit the enumerated offenses. the statute “As now reads, neither a current conviction of an attempt to commit a specified crime nor a prior conviction of an attempt to commit a specified crime supports an enhancement under section 11370.2, subdivision (a). the Legislature had intended to include ‘If attempts in the enhancement provisions, it would have specifically stated the enhancement applie[d] to the or attempted of specific “commission commission” (Id. at p. 1285.) crimes.’ ”
copulation was not listed in the statute. (Id. at p. 10.) “Because attempted crimes are considered to be separate and distinct, they are not automatically included in the list of sexual offenses to which section 667.6, subdivision (c), applies. [Citations.] Furthermore, if the Legislature had intended to include attempts in the enhancement provisions, it would have specifically stated the enhancement applies to the ‘commission or attempted commission’ of specific crimes as it did in other enhancement provisions.” (Id. at pp. 10–11.) In People v. Jillie (1992) 8 Cal.App.4th 960, 962–963, the court concluded section 1202.1, which requires a defendant to submit to testing for the human immunodeficiency virus when convicted of enumerated offenses, did not apply to attempts to commit the crimes enumerated. “We do not find the statute ambiguous. It expressly identifies the offenses within its scope, all of which are completed offenses. Had the Legislature meant to include attempts among the covered offenses, it could easily have done so as it has in other instances, for example, [] section 667.5, subdivision (c)(12) specifying attempted murder as one of several violent felonies, and [] section 1192.7, subdivision (c)(27) making an attempt to commit any of the specifically listed felonies also a serious felony.” (Id. at p. 963.) Finally, in People v. Reed (2005) 129 Cal.App.4th 1281, the court considered the three-year enhancement for a prior drug conviction under section 11370.2, subdivision (a), which applies to “[a]ny person convicted of a violation of, or of a conspiracy to violate,” specified drug offenses. It held the statute could not be used to enhance a sentence for an attempt to commit the enumerated offenses. “As the statute now reads, neither a current conviction of an attempt to commit a specified crime nor a prior conviction of an attempt to commit a specified crime supports an enhancement under section 11370.2, subdivision (a). ‘If the Legislature had intended to include attempts in the enhancement provisions, it would have specifically stated the enhancement applie[d] to the “commission or attempted commission” of specific crimes.’ ” (Id. at p. 1285.)
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