A148945

The Court of Appeal held that the defendant’s conviction for rape by force (Penal Code § 261, subd. (a)(2)) must be stayed pursuant to section 654. The defendant was also convicted of assault with intent to commit rape during a burglary (PC § 220, subd. (b)), and, while the defendant assaulted the victim during the first degree burglary, the Court determined the assault and rape were the same single act. In order to ensure compliance with section 1326, the Court also conditionally reversed the trial court’s decision not to release the victim’s confidential medical records, which the defense subpoenaed and the trial court reviewed in camera. The original documents were purged and the Court found that a proper record had not been made during the in camera review.

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