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Name: People v. Torres
Case #: A091096
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/09/2002
Subsequent History: Order mod. opinion 10/24/02. Rehg. denied 10/30/02. Rev. denied 1/15/03.
Summary

Appellant was convicted of one count of continuous sexual abuse of a child, (Pen. Code, sec. 288.5), and ten counts of other felony sex offenses committed against the same victim within the same time period. The appellate court here on rehearing held that appellant could not be convicted of both a violation of section 288.5 and the other multiple counts, and reversed the section 288.5 conviction. The California Supreme Court held in People v. Johnson (2002) 28 Cal. 4th 240, that multiple convictions are prohibited under these circumstances, and that both may be alleged only where they are pled in the alternative.