People v. Jerome

Opinion

SPARKS, J.

In this appeal we consider the doctrine of legal impossibility in a case where the defendant was convicted of the crime of “oral copulation with another person who is under 14 years of age” but the victim was 15 years old. (Pen. Code, § 288a, subd. (c).)

Defendant entered a negotiated plea of guilty before the magistrate to charges of forcible rape (§ 261, subd. (2)), and oral copulation of a minor under 14 (§ 288a, subd. (c)). He also admitted the allegation that he previously had been convicted of forcible rape (§ 667.6, subd. (a)). He was certified to the superior court for…