What is the test for vacating a conviction for continuous sexual abuse?

California, United States of America


The following excerpt is from People v. Perez, B267242 (Cal. App. 2017):

2. In deciding which convictions to vacate as the remedy for a violation of the proscription against multiple convictions set forth in section 288.5, subdivision (c), the general rule is that we leave the defendant standing convicted of the offense or offenses "most commensurate with his culpability." (People v. Torres (2002) 102 Cal.App.4th 1053, 1059.) Here, though both convictions carried sentences of 15 years to life due to application of the One Strike Law (see 667.61, subd. (b)), we conclude the continuous sexual abuse conviction is most commensurate with Defendant's culpability as established by the evidence. (Cf. 288.5, subd. (a) [providing for maximum penalty of 16 years imprisonment]; 288, subd. (a) [providing for maximum penalty of eight years imprisonment].)

3. Palaganas testified at trial regarding the interviews he conducted on July 26, 2014.

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