Can a defendant be charged with a violation of section 288.5, subdivision (c) of the California Penal Code?
California, United States of America
The following excerpt is from People v. Johnson, 121 Cal.Rptr.2d 197, 28 Cal.4th 240, 47 P.3d 1064 (Cal. 2002):
Adopting in large part the reasoning of the Valdez court, the People here argue that section 288.5, subdivision (c) does not mean a defendant may not be convicted of committing a violation of both section 288.5 and another felony sex offense within the
[121 Cal.Rptr.2d 201]
same time period. This, they argue, is because section 9544 permits prosecutors to charge multiple related offenses and because it is possible to commit a violation of both section 288.5 and another sexual felony. The instant situation is not, the People contend, that of greater and lesser included offenses, where multiple convictions are precluded under the rule of People v. Pearson (1986) 42 Cal.3d 351, 355, 228 Cal.Rptr. 509, 721 P.2d 595.[121 Cal.Rptr.2d 201]
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