Supreme Court of California

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People v. Robinson, 220247

In a case in which defendant was convicted of several counts of sexual battery by misrepresentation of professional purpose, but there was insufficient evidence that two of the four victims were deceived by defendant's misrepresentations, the Court of Appeals judgment that misdemeanor sexual battery is a lesser included offense of sexual battery by misrepresentation of professional purpose, so that convictions of the greater offense could be reduced to the lesser, is reversed where, although it is true that every defendant who commits sexual battery by misrepresentation of professional purpose also commits misdemeanor sexual battery, if the evidence does not support the fact that the victim's lack of consent arises from a particular circumstance created by the defendant's misrepresentation, the misdemeanor offense cannot stand on the same factual foundation.

Appellate Information

  • Decided
  • Published 2016/05/23

Judges

  • CORRIGAN

Court

  • Supreme Court of California

Counsel