Can a defendant be convicted of multiple crimes arising from the same act or course of conduct?

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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