Can appellant appeal against section 654 of the Penal Code for sexual assault against a minor?

We reject appellant's argument based upon the authority set forth above. Appellant does not argue or offer any evidence that his crimes "were either incidental to or the means by which another crime was accomplished," which, as explained above, is one of the only situations in which a defendant convicted of sex crimes may take advantage of section 654 to lessen his total sentence. (People v. Alvarez, supra, 178 Cal.App.4th at p. 1006.) Nor could appellant do so. The record makes clear that appellant's sexual misconduct underlying the concurrent sentences - to wit, kissing and fondling minor prior to the more serious sex acts of intercourse, digital penetration and oral copulation - was " 'preparatory' in the general sense that it is designed to sexually arouse the perpetrator or the victim." (People v. Alvarez, supra, 178 Cal.App.4th at p. 1006.) As such, section 654 does not apply. (Ibid.)

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The judgment is affirmed.

/s/_________
Jenkins, J.

We concur:

/s/_________
Pollak, Acting P. J.

/s/_________
Siggins, J.

Footnotes:

^1. Unless otherwise stated, all statutory citations herein are to the Penal Code.