What is the test for having multiple convictions based on a necessarily included or necessarily included crime?
California, United States of America
The following excerpt is from People v. Medelez, 2 Cal.App.5th 659, 206 Cal.Rptr.3d 402 (Cal. App. 2016):
Multiple convictions based on necessarily included offenses are prohibited. (People v. Sanders (2012) 55 Cal.4th 731, 736, 149 Cal.Rptr.3d 26, 288 P.3d 83.) An offense is necessarily included if the statutory elements of one crime include all the statutory elements of another, such that the first cannot be committed without necessarily committing the second. (Id . at p. 737, 149 Cal.Rptr.3d 26, 288 P.3d 83.)
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