The Cal. Supremes will issue no new cases Monday.
The Cal. Supremes affirmed another death penalty case
The Cal. Supremes will issue no new criminal cases Monday.
One rape = two convictions
We must decide whether a jury properly convicted defendant Billy Charles White of both rape of an intoxicated person under Penal Code section 261, subdivision (a)(3), and rape of an unconscious person under Penal Code section 261, subdivision (a)(4)(A), when the convictions were based on the same act. Consistent with our recent holding involving oral copulation, we conclude that “the two statutory subdivisions at issue here describe different offenses, and defendant may properly be convicted of, although not punished for, both.” (People v. Gonzalez (2014) 60 Cal.4th 533, 535 (Gonzalez).)
Tomorrow the Cal. Supremes will issue an opinion in the following case:
PEOPLE v. BILLY CHARLES WHITE
S228049 (D060969; San Diego County Superior Court – SCD228290)
Argued in Sacramento 11-02-16
This case presents the following issue: Was defendant properly convicted of both rape of an intoxicated person and rape of an unconscious person for a single act of sexual intercourse?
The Cal. Supremes issued no new cases last Monday.
The Cal. Supremes will issue no new cases tomorrow.