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Name: People v. D.J.
Case #: C098051
Opinion Date: 20241106
Attorney: Robert L. Angres
Summary

Appellant was convicted, among other charges, of assault with intent to commit rape during the course of a first degree burglary and assault with a deadly weapon, a knife. The Court of Appeal agreed with the parties that the assault with the knife facilitated defendant’s assault with intent to rape, and thus, Penal Code section 654 prohibited his punishment for both counts. The court remanded the matter for a full resentencing hearing in order to allow the trial court to exercise its discretion under section 654 to select which offense to stay.