What is the test for overturning a conviction for kidnapping to commit another crime?

California, United States of America


The following excerpt is from People v. Acevedo, NO.F059253, Super. Ct. No. VCF190044 (Cal. App. 2011):

Appellant contends, respondent concedes, and we agree that his conviction for kidnapping in count 4 must be reversed because it is a lesser included offense of the kidnapping to commit another crime in count 3. (See People v. Lewis (2008) 43 Cal.4th 415, 518; People v. Medina (2007) 41 Cal.4th 685, 702.)

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