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Name: People v. Patton (2024) 101 Cal.App.5th 922
Case #: F085895
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/02/2024
Summary

Under PC 288.5(c), a defendant may not be convicted of both continuous sexual abuse and other overlapping discrete sexual-act counts. Defendant was convicted of continuous sexual abuse (PC 288.5(a)) and other counts of distinct sexual acts occurring within the same period. Section 288.5(c), by prohibiting multiple charges, also prohibits multiple convictions for continuous sexual abuse of a child and for the discrete sexual offenses underlying the continuous abuse conviction. Here, the remedy is to vacate the continuous abuse conviction because this is not a section 654 issue subject to sentencing discretion, and the defendant should be left with a sentence commensurate with his culpability. [Editor’s Note: The court disagreed with People v. Goldman (2014) 225 Cal.App.4th 950, which held that a defendant forfeits a section 288.5(c) violation by failing to demur to the underlying pleading.]

The full opinion is available on the court’s website here:

https://www.courts.ca.gov/opinions/documents/F085895.PDF