Does the court have the authority to stay the sentence of a convicted rapist who has been convicted of a statutory rape under section 288 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Toliver, 270 Cal.App.2d 492, 75 Cal.Rptr. 819 (Cal. App. 1969):
As the statutory rape offense is necessarily included in the section 288 offense, it is not sufficient that the court merely stay the sentence on the statutory rape offense. The conviction as well as the sentence on it must be reversed. (See People v. Tideman (1962) 57 Cal.2d 574, 582, 21 Cal.Rptr. 207, 370 P.2d 1007.)
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