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PEOPLE v. HARRISON

Docket No. S003784.

48 Cal.3d 321 (1989)

768 P.2d 1078

256 Cal. Rptr. 401

THE PEOPLE, Plaintiff and Respondent, v. DARYL HARRISON, Defendant and Appellant.

Supreme Court of California.

March 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

E. Stephen Temko, under appointment by the Supreme Court, and Howard C. Cohen for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Janelle B. Davis, Michael B. Wellington and Nancy L. Palmieri, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EAGLESON, J.

We granted review in this case to consider (1) whether a criminal defendant may be convicted of multiple statutory violations (Pen. Code, § 289, subd. (a))1 where he commits identical sex acts which are briefly interrupted by his use of force and the victim's struggles and, if so, (2) whether section 654 precludes separate punishment for each conviction.

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