California, United States of America
The following excerpt is from People v. Sanchez, 208 Cal.App.3d 721, 256 Cal.Rptr. 446 (Cal. App. 1989):
Under People v. Pearson (1986) 42 Cal.3d 351, 228 Cal.Rptr. 509, 721 P.2d 595, or other case precedent there is no legal impediment under section 654 or otherwise to convicting a defendant of both crimes under section 288, subdivision (a), and section 288, subdivision (b), where as here the proof consists of different acts, touching the victim's genital area, constituting the crimes under subdivision (a) as compared to the acts, requiring the victim to orally copulate defendant, constituting the crimes under subdivision (b). Sanchez concedes the acts supporting the convictions differed. The different acts involved in these charges remove them from consideration as lesser-included offenses.
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