Is possession of cocaine base a necessarily included or necessarily included offense of possession of methamphetamine?

California, United States of America


The following excerpt is from People v. Bennett, B223338 (Cal. App. 2011):

Here, based on the same evidence, the jury convicted defendant of both possession of cocaine base and possession of that same cocaine base for sale. Possession of the cocaine base is a necessarily included offense of possession of that same substance for sale. (See People v. Oldham (2000) 81 Cal.App.4th 1, 16 [holding the offense of possession of methamphetamine "is necessarily included in the greater offense of possessing the same substance for sale based on the same evidence"].) Accordingly, we reverse defendant's conviction for possession of cocaine base.

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