P. v. Ramirez
Appellant Jose Acosta Ramirez was convicted of assault with intent to commit a sexual offense during the commission of a first degree burglary, first degree residential burglary, and lewd act upon a child 14 or 15-years old where there is at least a 10-year age difference between the defendant and the victim. Ramirez contends his burglary conviction must be reversed because it is a lesser included offense of assault with intent to commit a sexual offense during the commission of a burglary. Ramirez also contends the concurrent sentence he received for committing a lewd act on a minor should have been stayed pursuant to Penal Code section 654 because during the assault and lewd act he harbored only a single intent, and the assault and lewd act constituted one indivisible act.
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