P. v. Gonzalez CA4/3
Defendant Hector Zazueta Gonzalez contends the offense of assault with the intent to commit sodomy is a lesser included offense of sodomy of an intoxicated person, and of sodomy of an unconscious person. Under either the elements test or the accusatory pleading test, we conclude it is not a lesser included offense. Assault with the intent to commit sodomy is a specific intent crime that is not necessarily committed when the general intent crimes of sodomy are committed. Therefore, defendant could properly be convicted of all three crimes. We affirm.
Comments on P. v. Gonzalez CA4/3