PEOPLE v. BARTON (2020)

Defendant's petition for review is granted. The matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to consider defendant's claim that the evidence was insufficient to sustain his convictions for forcible oral copulation and forcible sodomy. (Burks v. United States (1978) 437 U.S. 1, 16-18, 98 S.Ct. 2141, 57 L.Ed.2d 1; People v. Morgan (2007) 42 Cal.4th 593, 613, 67 Cal.Rptr.3d 753, 170 P.3d 129; People v. Hayes (1990) 52 Cal.3d 577, 631, 276 Cal.Rptr. 874, 802 P.2d 376.) The Attorney General's petition for review is denied. The request for an order directing depublication of the opinion is denied.

Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.