California, United States of America
The following excerpt is from People v. Linares, G048498 (Cal. App. 2014):
While a defendant may generally be convicted of multiple crimes arising from the same act or course of conduct, an exception to this rule '"prohibits multiple convictions based on necessarily included offenses.' [Citation.]" (People v. Reed (2006) 38 Cal.4th 1224, 1227.) "'In deciding whether multiple convictions is proper, a court should consider only the statutory elements.' [Citation.] 'Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former.' [Citations.] In other words, '"[i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former."' [Citation.]" (People v. Sanders (2012) 55 Cal.4th 731, 737.)
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