Can a defendant be convicted of aggravated mayhem in violation of section 203 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Gomez, E063034 (Cal. App. 2016):

"A defendant cannot be convicted of both an offense and a lesser offense necessarily included within that offense, based upon his or her commission of the identical act." (People v. Binkerd (2007) 155 Cal.App.4th 1143, 1147.) This court has concluded "under the statutory elements test, simple mayhem in violation of section 203 is a necessarily included lesser offense of aggravated mayhem in violation of section 205." (People v. Robinson (2014) 232 Cal.App.4th 69, 79.)

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Can a defendant be convicted of aggravated mayhem in violation of section 203 of the California Criminal Code?

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