Does the Attorney General have to reverse the convictions of simple kidnapping and false imprisonment?

California, United States of America


The following excerpt is from The People v. Diaz, 82 Cal.App.4th 503, 98 Cal.Rptr.2d 366 (Cal. App. 2000):

The Attorney General concedes the convictions of simple kidnapping and false imprisonment must be reversed. Simple kidnapping and false imprisonment are necessarily included within the greater offense of aggravated kidnapping. (People v. Ordonez (1991) 226 Cal.App.3d 1207, 1233.) A defendant cannot be convicted both of a greater offense and of offenses which are necessarily included within the greater offense. (People v. Pearson (1986) 42 Cal.3d 351, 355.)

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