P. v. Stuedemann
jury convicted defendant David Stuedemann of rape by a foreign object on an unconscious person (Pen. Code, 289, subd. (d)(3)) and oral copulation on an unconscious person ( 288a, subd. (f)(3)). The court suspended imposition of sentence and granted probation subject to numerous conditions, including a condition Stuedemann spend one year in county jail. On appeal, Stuedemann asserts the evidence was insufficient to support his convictions for those offenses because the uncontradicted evidence showed the victim, Griselda R., was not unconscious within the meaning of those sections at the time of his conduct. The judgment is reversed.
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