People v. White
California Supreme Court
1Opinion of the CourtChin, J.
*351 We must decide whether a jury properly convicted defendant Billy Charles White of both rape of an intoxicated person under Penal Code section 261, subdivision (a)(3), and rape of an unconscious person under Penal Code section 261, subdivision (a)(4)(A), when the *352 convictions were based on the same act. 1 Consistent with our recent holding involving oral copulation, we conclude that "the two statutory subdivisions at issue here describe different offenses, and defendant may properly be convicted of, although not punished for, both." ( People v. Gonzalez (2014) 60 Cal.4th 533 , 535, 179…
2Cases cited33 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Neal v. State of CaliforniaCalifornia Supreme Court · 1960
- People v. AlbillarCalifornia Supreme Court · 2010
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3Cited by28 opinions
- People v. Kopp, California Court of Appeal, 5th District2019
- People v. Cawkwell, California Court of Appeal, 5th District2019
- People v. PazCalifornia Court of Appeal · 2017
- People v. Shiga, California Court of Appeal, 5th District2019
- Upshaw v. Superior Court of Alameda Cnty., California Court of Appeal, 5th District2018
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