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."].)

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