What are the elements of count 2. 2 of the California Criminal Code and what are the implications of the elements?
California, United States of America
The following excerpt is from People v. Gonzalez, B267319 (Cal. App. 2017):
of the elements of count 2. " '[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. Reed (2006) 38 Cal.4th 1224, 1227.)
The conviction on count 2 must be vacated.
VII. The Section 12022, Subdivision (a) Firearm Enhancements on Counts 4 through 7 Must Be Stricken
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