People v. Pearson

Opinion

MOSK, J.

This case raises the questions (1) whether a defendant may be convicted of both statutory sodomy and lewd conduct for the commission of a single act of sodomy and (2) whether the use of both such convictions *354to enhance future sentences would constitute impermissible double punishment.

Defendant committed an act of sodomy on each of two children. For each act he was convicted of two offenses: sodomy with a child under 14 (Pen. Code, § 286, subd. (c))1 and lewd conduct (§ 288, subd. (a)). The court imposed sentence for the lewd conduct convictions but stayed sentence on the sodomy…