California Court of Appeal

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People v. Gonzalez, D059713

In a conviction of a defendant for multiple sexual offenses against a single victim, the judgment of the trial court is: 1) affirmed as to its decision to allow a juror to remain on the jury where there was no demonstrable reality that the juror was unable to perform his proper function; 2) vacated as to the conviction and sentence on count 2 where defendant's convictions on counts 1 and 2 for unlawful oral copulation cannot both stand, because he committed only one act of unlawful copulation that constituted a single violation of Penal Code section 288a; and 3) vacated as to the sentence imposed for count 5 because it is based on the same conduct for which he was convicted and sentenced on count 3, the assault count.

Appellate Information

  • Decided 11/27/2012
  • Published 11/27/2012

Judges

  • Aaron

Court

  • California Court of Appeal

Counsel