What is the test for overturning a conviction for a lesser offence?
California, United States of America
The following excerpt is from People v. Kaylor, F074102 (Cal. App. 2018):
It has long been held in California that if a defendant is convicted of both a greater offense and a lesser offense necessarily included in it, the conviction of the lesser offense is unlawful and must be reversed. (People v. Pearson (1986) 42 Cal.3d 351, 355,
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