What remedy is available to a defendant who has been convicted of grand theft?
California, United States of America
The following excerpt is from People v. Gonda, 138 Cal.App.3d 774, 188 Cal.Rptr. 295 (Cal. App. 1982):
The remedy where a defendant has been erroneously convicted of both the greater and the lesser crime is reversal of the offense carrying the less serious punishment. (See People v. Wilson (1975) 50 Cal.App.3d 811, 815, 123 Cal.Rptr. 663; People v. Pater, supra, 267 Cal.App.2d 921, 926, 73 Cal.Rptr. 823.) Accordingly, the convictions for grand theft must be set aside. 1
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