Gonzalez

In this case we are asked to decide whether a defendant may, consistently with Penal Code section 954, 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 ] (Craig) as precluding multiple convictions in these circumstances and vacated defendant’s conviction for oral copulation of an intoxicated person. We conclude that Craig is distinguishable, the two statutory subdivisions at issue here describe different offenses, and defendant may properly be convicted of, although not punished for, both. (§ 654; see People v. Vargas (2014) 59 Cal.4th 635, 637 [ 174 Cal.Rptr.3d 277 , 328 P.3d 1020 ] [multiple prior convictions arising out of a single act against a single victim cannot constitute multiple strikes under “Three Strikes” law].) We therefore reverse the judgment.

Factual and Procedural Background

In the early evening of June 25, 2010, defendant Ramon Fulgencio Gonzalez and the victim, Carolyn H., were on the sidewalk near the intersection of 16th Street and…