P. v. Sian CA4/3
Appellant was convicted of one count each of sexual intercourse with a child age 10 or younger and continuous sexual abuse. (Pen. Code, §§ 288.7, subd. (a), 288.5, subd. (a).) He alleges a violation of section 288.5, subdivision (c) (hereafter section 288.5(c)), which prohibits dual convictions for continuous sexual abuse and another sex offense involving the same victim and the same time period. While conceding section 288.5(c) was violated in this case, respondent maintains appellant forfeited his right to invoke that provision because he did not demur to the charges. We reject this forfeiture argument and reverse appellant’s conviction for continuous sexual abuse. In all other respects, we affirm the judgment.
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