Can a defendant be convicted of both a greater and a lesser charge under section 654 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Nguyen, G054768 (Cal. App. 2018):
verdict on the greater offense, that conviction is controlling, and the conviction of the lesser offense must be reversed. [Citations.] If neither offense is necessarily included in the other, the defendant may be convicted of both, 'even though under section 654 he or she could not be punished for more than one offense arising from the single act or indivisible course of conduct.'" (People v. Sanders (2012) 55 Cal.4th 731, 736, third italics added.)
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