P. v. Araujo CA4/1
A jury convicted Adam M. Araujo of assault with intent to commit a specified sex crime during the commission of a first degree burglary, first degree burglary, indecent exposure - unlawful entry, lewd conduct, prowling and peeking.
The court sentenced Araujo to life with the possibility of parole for count 1, the remaining felony counts were stayed under section 654 and the sentence for the misdemeanor counts was time served.
Araujo appeals challenging the conviction for count 2, contending count 2 is a lesser included offense (LIO) of count 1, and he also argues if we reverse count 2 we should remand the case to allow the court to reconsider its imposition of a $10,000 restitution fine. The People correctly concede count 2 must be reversed. They contend there is no reason to remand for reconsideration of the restitution fine. We agree with the People on both issues. Accordingly, we will reverse the conviction for count 2 and affirm the balance of the judgment.
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