Can a single act or course of conduct by a defendant lead to convictions for assault with intent to commit rape during the commission of a first degree burglary?

California, United States of America

The following excerpt is from People v. Hughes, C071536 (Cal. App. 2015):

"In California, a single act or course of conduct by a defendant can lead to convictions 'of any number of the offenses charged.' [Citations.] But a judicially created exception to this rule prohibits multiple convictions based on necessarily included offenses. [Citations.]" (People v. Montoya (2004) 33 Cal.4th 1031, 1034.)

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As previously discussed, first degree burglary is lesser included offense of assault with intent to commit rape during the commission of a first degree burglary. (People v. Dyser, supra, 202 Cal.App.4th at p. 1021.) Accordingly, we will dismiss count 2.

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