What is the difference between a conviction and sentence for a charge of continuous sexual abuse?

California, United States of America


The following excerpt is from People v. Prestegui, 2d Crim. No. B252949 (Cal. App. 2015):

The time periods alleged for the acts charged in counts 4, 5, 6, 8 and 9 impermissibly overlap with the time period alleged for the count 7 continuous sexual abuse. Because the continuous sexual abuse was not charged in the alternative, his conviction for that offense violates section 288.5, subdivision (c). Accordingly, we will vacate appellant's conviction and sentence for the count 7 continuous sexual abuse. (See People v. Torres (2002) 102 Cal.App.4th 1053, 1060-1061.)

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