California Court of Appeal

Conviction of rape of an unconscious person, Pen. Code section 261(a)(4), and rape of an intoxicated person, section 261(a)(3), the trial court erred by staying the sentence on one of the rape counts, is vacated as to count 2 and modified where defendant's convictions for rape of an intoxicated person and rape of an unconscious person must be consolidated into a single count reflecting rape under both subdivisions (a)(3) and (a)(4) of section 261.

Appellate Information

• Decided 08/03/2015
• Published 08/03/2015

Judges

• MURRAY

Court

• California Court of Appeal

Counsel