Duke

Appellant was convicted after a jury trial of the following crimes based on separate assaults on three women: three simple assaults as lesser included offenses of assault with intent to commit rape (Pen. Code, § 220), felony assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), three felony attempted sexual batteries (Pen. Code, §§ 664, 243.4) and two burglaries (Pen. Code, § 459). The burglaries were dependent upon the convictions of one attempted sexual battery and the assault by force likely to produce great bodily injury. Appellant was acquitted of the charges of assault with intent to commit rape.

Appellant was sentenced to a four-year prison term for residential burglary and a one-year consecutive term for one attempted sexual battery. Sentence on the other offenses were concurrent or stayed for a total term of five years.

Because we reverse appellant’s convictions of attempted sexual battery and assault by means of force likely to produce great bodily injury, the burglary convictions also fall. We remand the case to the trial court for resentencing of appellant on the misdemeanor assaults.

The facts need only be briefly stated.…