Can a person be convicted of multiple crimes arising out of the same act or course of conduct?

California, United States of America


The following excerpt is from People v. Garza, A147787 (Cal. App. 2019):

"In general, a person may be convicted of, although not punished for, more than one crime arising out of the same act or course of conduct." (People v. Reed (2006) 38 Cal.4th 1224, 1226.) However, "a judicially created exception to the general rule. . . 'prohibits multiple convictions based on necessarily included offenses.' " (Id. at p. 1227.) " '[I]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.' " (Ibid.)

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