Can appellant appeal against his conviction for kidnapping and false imprisonment for a lesser included crime?

California, United States of America


The following excerpt is from People v. Borowski, G056253 (Cal. App. 2019):

As appellant correctly notes, a defendant generally cannot be convicted of both a greater and lesser included offense (People v. Eid (2014) 59 Cal.4th 650, 656), and false imprisonment is a lesser included offense of kidnapping (People v. Ratcliffe (1981) 124 Cal.App.3d 808, 820). However, "[t]he proscription against multiple conviction for both a greater and lesser included offense applies only where both offenses are based upon a single act." (People v. Cortez (1981) 115 Cal.App.3d 395, 410.) Thus, appellant can only prevail on his claim if his convictions for false imprisonment and kidnapping were premised on the same act.

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