Does the Attorney General accept that the allegations of both counts of sexual assault constitute but a single substantive offense?

California, United States of America


The following excerpt is from People v. Rodriguez, A134782 (Cal. App. 2014):

The Attorney General concedes that the allegations of both counts were based on the same overlapping course of conduct and constituted but a single substantive offense. Defendant could not have committed count 2 without committing the offense in count l because the latter offense included the conduct alleged in count 2. (See People v. Avina (1993) 14 Cal.App.4th 1303, 1311 ["When a criminal statute punishes a course of conduct, the prosecution may not divide that course up into multiple counts of the offense; the entire continuous course constitutes only a single violation of the statute."].)

Other Questions


Does the Attorney General accept that the allegations of both counts of sexual assault constitute but a single substantive offense? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
Does the Attorney General's allegation that a prosecutor made an election of the specific threat underlying count 5, criminal threat to children constitute a prosecutorial election? (California, United States of America)
Does the Attorney General's abstract of judgment reflect the oral pronouncement that defendant's sentence for the offense charged as count 4 is to be served concurrently with the base term count? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
How has the Attorney General argued that the sentences for each count of assault and assault against a defendant have to be evaluated separately? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
When a prosecutor from the S.S. District Attorney's Office is called to testify in response to an allegation of sexual assault made against him by his wife, what is the appropriate way to address the allegation? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.