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PEOPLE v. GONZALEZ

No. S207830.

60 Cal.4th 533 (2014)

179 Cal. Rptr. 3d 1

335 P.3d 1083

THE PEOPLE, Plaintiff and Respondent, v. RAMON FULGENCIO GONZALEZ, Defendant and Appellant.

Supreme Court of California.

October 20, 2014.

Attorney(s) appearing for the Case

Raymond M. DiGuiseppe , under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Scott C. Taylor , James D. Dutton , Steven T. Oetting and Meredith S. White , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J. —

In this case we are asked to decide whether a defendant may, consistently with Penal Code section 954,1 be convicted of both oral copulation of an unconscious person (§ 288a, subd. (f)) and oral copulation of an intoxicated person (id., subd. (i)) based on the same act. The Court of Appeal understood our decision in People v. Craig (1941) 17 Cal.2d 453 [110 P.2d 403...

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