Supreme Court of California

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People v. Gonzalez, S207830

In this case, the California Supreme Court is asked to decide whether a defendant may be convicted of both oral copulation of an unconscious person (Penal Code section 288a(f)) and oral copulation of an intoxicated person (section 288a(i)) based on the same act. Judgment vacating defendant’s conviction for oral copulation of an intoxicated person is reversed, where: 1) People v. Craig is distinguishable and does not preclude multiple convictions in these circumstances; and 2) sections 288a(f) and 288a(i) describe different offenses and defendant may be convicted of but not punished for both, as multiple prior convictions arising out of a single act against a single victim cannot constitute multiple strikes under the Three Strikes law.

Appellate Information

  • Decided 10/20/2014
  • Published 10/20/2014

Judges

  • Werdegar

Court

  • Supreme Court of California

Counsel