Can a defendant be convicted of both a greater crime and a necessarily included lesser crime for the same conduct?
California, United States of America
The following excerpt is from People v. Garcia, C084496 (Cal. App. 2019):
As the parties agree, a defendant may not be convicted of both a greater offense and a necessarily included lesser offense for the same conduct. (People v. Sanders (2012) 55 Cal.4th 731, 736.) Because attempted burglary is a necessarily included lesser offense of burglary (People v. Michaels (1961) 193 Cal.App.2d 194, 198), defendants could not legally be convicted of both. Accordingly, we will strike the attempt convictions.
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