California Court of Appeal

Sentence and conviction of rape of an intoxicated person, Pen. Code section 261(a)(3), and rape of an unconscious person, section 261(a)(4)(A), is: 1) modified to strike count 2 and vacate the conviction on count 2, together with the sentence imposed but stayed on that count, where People v. Gonzalez (2014) 60 Cal.4th 533. does not hold that defendant can be convicted of both rape of an intoxicated person and rape of an unconscious person based on a single act of intercourse under section 261; but 2) otherwise affirmed.

Appellate Information

• Decided 06/18/2015
• Published 06/18/2015

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel