People v. Gonzalez
Annotate this CaseDefendant was charged with oral copulation of an unconscious person (count 1) and oral copulation of an intoxicated person (count 2), based on the same act. A jury convicted Defendant of both charges. The court of appeal vacated the conviction on count 2 upon its understanding that the Supreme Court’s decision in People v. Craig precluded multiple convictions under these circumstances. The Supreme Court reversed, holding (1) Craig is distinguishable; and (2) Defendant may properly be convicted of, although not punished for, both oral copulation of an unconscious person and oral copulation of an intoxicated person.
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