Bevan

Appellant Mark Lester Sevan was convicted by jury of three counts of lewd and lascivious acts upon twelve-year-old Karen C. (Pen. Code, § 288, subd. (a).) As to each count the court ordered Bevan placed on formal probation for a period of three years with six months in the county jail as a condition of probation. On appeal he contends, inter alia, that he committed a single oifense which was improperly fragmented into three separate offenses; in the alternative, he argues that Penal Code section 654 requires a stay of any sentence imposed on two of the three counts. We conclude that a single crime was committed here, and that the conviction as well as the punishment for the two duplicate crimes must fall.

I

Facts

On July 18, 1986, Karen C., age 12, lived with her family at the Sun Tree apartment complex in Milpitas. Her mother, the apartment manager, had hired Atlas Security to provide guards for the complex. Bevan was employed as a security guard by Atlas; Karen had known him for about a month as a result of his employment at Sun Tree. On this particular date, Bevan was assigned to patrol the Indian Hills apartment complex adjacent to Sun Tree. However, his employer…