Does the Attorney General have any grounds to argue that a defendant was convicted of assault with intent to commit rape on both counts?
California, United States of America
The following excerpt is from People v. Lewis, 142 Cal.Rptr. 218, 75 Cal.App.3d 513 (Cal. App. 1977):
6. Defendant's final contention is that he was improperly sentenced on all three counts. The Attorney General concedes that defendant should not have been convicted on both counts I and II because count II, assault with intent to commit rape, is a lesser included offense of count I. (People v. Moran (1973) 33 Cal.App.3d 724, 730, 109 Cal.Rptr. 287.)
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