Can a defendant be convicted of both the lesser included and the greater included crime?
California, United States of America
The following excerpt is from People v. Feliz, F060364 (Cal. App. 2011):
A defendant cannot be convicted of both a lesser included offense and the greater offense. (People v. Reed (2006) 38 Cal.4th 1224, 1227.) Where a defendant has been convicted of both, the conviction of the lesser must be reversed and any attached enhancements stricken. (People v. Binkerd (2007) 155 Cal.App.4th 1143, 1150-1151 (Binkerd).)
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