What is the test for overturning a conviction for a lesser related offence under section 502 of the Penal Code?

California, United States of America

The following excerpt is from People v. Gentry, 234 Cal.App.3d 131, 285 Cal.Rptr. 591 (Cal. App. 1991):

As Gentry correctly contends, his conviction for a lesser related offense without his express consent must be reversed. (People v. Lohbauer (1981) 29 Cal.3d 364, 367, 173 Cal.Rptr. 453, 627 P.2d 183.) Further discussion of the other arguments on this point is unnecessary. The court found him guilty of the lesser related offense without his consent and, unlike the Congressional Record, the trial record cannot now be changed nunc pro tunc.

[234 Cal.App.3d 142]

The amendment to Penal Code section 502.

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)

Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)

What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)

Can a defendant who has been convicted under section 148(1) of the Ontario Penal Code (a)(1) for excessive force use of force against an arrestee who has not been convicted of any offences under the same section? (California, United States of America)

Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)

Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence? (California, United States of America)

What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)

Can a jury overturn a conviction under subdivision (c)(1) of the Penal Code for an aggravated assault under Section 2622 of the Criminal Code? (California, United States of America)

What is the test for overturning a conviction for a lesser related offence under section 502 of the Penal Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources