What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person?
California, United States of America
The following excerpt is from People v. Miller, 28 Cal.App.4th 522, 33 Cal.Rptr.2d 663 (Cal. App. 1994):
Had the jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person we would be confronted by this unintended complication: "The conviction of a related offense constitutes an acquittal of the charged offense." (People v. Geiger, supra, 35 Cal.3d at p. 528, 199 Cal.Rptr. 45, 674 P.2d 1303.)
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