P. v. Gillespie
Defendant was convicted of three sex offenses he committed at knifepoint on a 15‑year-old girl after he entered her home during the night. On appeal, he argues (1) his conviction for attempted rape cannot stand because it is a lesser included offense of assault with intent to commit rape and (2) even if the conviction for attempted rape was proper, the trial court improperly imposed a full, consecutive upper term for that conviction. Court vacate the sentence on the attempted rape conviction and remand for resentencing. In all other respects, Court affirm.
Comments on P. v. Gillespie