Greene

People v. Greene

Bad Law
110 Cal. Rptr. 160·1973 Cal. App. LEXIS 831·34 Cal. App. 3d 622
Court of Appeal of CaliforniaOctober 15, 1973Crim. 10427California14,601 words

Opinion

Opinion

Sims, J.

Defendant has appealed from an order committing him as a mentally disordered sex offender (Welf. & Inst. Code, § 6316; and see Pen. Code, § 1237) following a jury trial in which, after suffering five admitted prior similar convictions, he was found guilty of annoying and molesting Linda M., a child under the age of 18 years, in violation of section 647a of the Penal Code, guilty of the same offense with respect to Terese S., guilty of assault of Linda M. with intent to commit rape in violation of section 220 of the Penal Code, and guilty of simple assault of Terese S. in violation of section 240 of the Penal Code, a lesser and included offense to that of assault with intent to commit rape, with which he was charged. He does not attack his commitment but alleges that the convictions on which it is based (cf. fn. 1 above) should be reversed or modified as follows: (1) since the conviction of assault with intent to commit rape and simple assault involve the same acts as the other offenses of which defendant was convicted they should be stricken from the record because they subject him to double punishment in violation of section 654 of the Penal Code; (2) the conviction of…

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