People v. White

After a jury trial, Defendant was convicted of rape of an intoxicated person and rape of an unconscious person. The convictions were based on the same act. On appeal, the Court of Appeal held that Defendant could not be convicted of both counts and vacated the conviction of rape of an unconscious person. The Supreme Court reversed, holding that Defendant was properly convicted of both rape of an intoxicated person and rape of an unconscious person, as the Legislature did not intend a defendant who commits oral copulation of an intoxicated and unconscious person can be guilty of two offenses, whereas a defendant who commits rape of an intoxicated and unconscious person can be guilty of only one offense. View "People v. White" on Justia Law