Can a jury convict a defendant of two counts of attempted murder?

California, United States of America


The following excerpt is from People v. Nyako, B282785 (Cal. App. 2018):

notwithstanding the prosecution's decision to charge him with only a single count of attempted murder. (People v. Eid (2014) 59 Cal.4th 650, 657 ["The purposes underlying the rule requiring instruction on lesser included offenses are served by allowing the jury to convict on more than one lesser offense if, in the jury's determination, such convictions more accurately reflect the defendant's culpability in light of the evidence"].) Having properly convicted defendant of two offenses, the question of the requisite assessments becomes straightforward.

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