In a case where there was no dispute that the challenged charges arouse out of the same occurrence, the Court of Appeal held that non-forcible sodomy (Pen. Code, § 286) is a lesser included offense of forcible sodomy (Pen. Code, § 286, subd. (c)(2)(C) because forcible sodomy with a person aged 14 to 17 years old would necessarily include an act of sodomy with a person under age 18. The Court further held that oral copulation of a person under age 18 (former Pen. Code, § 288a, subd. (b)(1), now Pen. Code, § 287, subd. (b)(1)) is a lesser included offense of forcible oral copulation of a minor aged 14 or older (former Pen. Code, § 288a, subd. (c)(2)(C), now Pen. Code, § 287, subd. (c)(2)(C)).
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