What is the test for reversing a conviction for a necessarily included crime?
California, United States of America
The following excerpt is from People v. Riddle, C084388 (Cal. App. 2018):
"When a defendant is found guilty of both a greater and a necessarily lesser included offense arising out of the same act or course of conduct, and the evidence supports the verdict on the greater offense, that conviction is controlling, and the conviction of the lesser offense must be reversed." (People v. Sanders (2012) 55 Cal.4th
Page 13
731, 736; People v. Montoya (2004) 33 Cal.4th 1031, 1034 [a judicially created exception to section 954, which generally allows conviction of multiple charges arising from a single act or course of conduct, "prohibits multiple convictions based on necessarily included offenses"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
