What is the test for reversal of a conviction for a lesser included crime?
California, United States of America
The following excerpt is from People v. Davis, B284324 (Cal. App. 2018):
"A judicially created exception to the general rule permitting multiple conviction 'prohibits multiple convictions based on necessarily included offenses.' [Citation.]" (People v. Reed (2006) 38 Cal.4th 1224, 1227.) Thus, "[w]hen a defendant is convicted of a greater and a lesser included offense, reversal of
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the conviction for the lesser included offense is required." (People v. Dowdell (2014) 227 Cal.App.4th 1388, 1416.)
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