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Name: People v. Johnson
Case #: S097857
Court: CA Supreme Court
District CalSup
Opinion Date: 06/17/2002
Subsequent History: None
Summary

Appellant was charged with continuous sexual abuse of a child in violation of Penal Code section 288.5, as well as five individual sex offenses including forcible lewd acts on a child committed during the same period of time charged in the 288.5. The Court of Appeal reversed his conviction, holding that Section 288.5 precludes convictions on both the continuous sexual abuse charge and the individual sex offenses. The Supreme Court granted review to resolve the conflict between this case and People v. Valdez (1994) 23 Cal. App. 4th 46, which held that 288.5, subdivision (c) precluded multiple punishment, but not multiple convictions. In this opinion the Court affirmed the appellate court’s decision in this case and disapproved Valdez. The language of the statute is clear and unambiguous, prohibiting convictions of both continuous sexual abuse and the individual underlying acts of abuse. Since appellant was not charged with the individual sex offenses in the alternative, those convictions were correctly reversed.