California, United States of America
The following excerpt is from People v. Adair, D059701, Super. Ct. No. SCD228574 (Cal. App. 2012):
The fact that Adair may have had dual objectives when touching the victim's buttocks (i.e., immediate sexual arousal and facilitation of the oral copulation) did not diminish the factual support for the finding that he had a distinct sexual arousal objective during the buttocks touching. Notably, this is not a case where the defendant engaged in a single invasive act to pursue sexual gratification. (See, e.g., People v. Siko (1988) 45 Cal.3d 820, 823, 826 [section 654 barred punishment for lewd act conviction in addition to punishment for rape and sodomy convictions; the lewd acts were the same acts as the rape and sodomy].)
The trial court was not required to stay the sentence for the count 2 buttocks touching.
III. Remand for Delineation of Penalty Assessments
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