Supreme Court of California

Convictions of rape of an intoxicated person, Penal Code section 261(a)(3), and rape of an unconscious person, Penal Code section 261(a)(4)(A), based on the same act, are affirmed where, consistent with the recent holding involving oral copulation in People v. Gonzalez (2014), the two statutory subdivisions at issue here describe different offenses, and defendant may properly be convicted of, although not punished for, both.

Appellate Information

• Published 2017/01/19

Judges

• CHIN

Court

• Supreme Court of California

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