California, United States of America
The following excerpt is from People v. Tolefree, C084687 (Cal. App. 2019):
"When a defendant is found guilty of both a greater and a necessarily lesser included offense arising out of the same act or course of conduct, and the evidence supports the verdict on the greater offense, that conviction is controlling, and the conviction of the lesser offense must be reversed." (People v. Sanders, supra, 55 Cal.4th at p. 736.) Defendant contends his convictions for the lesser included offenses in counts 2 through 4 must be reversed because they involved the same course of conduct as count 1. This is another issue the People failed to address.
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.