California, United States of America
The following excerpt is from People v. Deletto, 147 Cal.App.3d 458, 195 Cal.Rptr. 233 (Cal. App. 1983):
Defendant next contends, inter alia, that his conviction on count I for lewd and lascivious conduct (Pen.Code, 288) must be reversed because the jury was not instructed that it could not use the same acts constituting oral copulation, sodomy, or unlawful sexual intercourse as the basis for a conviction on count I for lewdness. 13 The Attorney General has conceded that defendant's conviction on count I must be, and is hereby, reversed. (See People v. Greer (1947) 30 Cal.2d 589, 604, 184 P.2d 512; People v. Cline (1969) 2 Cal.App.3d 989, 996-997, 83 Cal.Rptr. 246.)
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