Error and/or relief
The defendant appeals from his convictions of two counts of misdemeanor battery. Appellant contends, and respondent agrees, that both counts are based on the same act and both convictions cannot stand.
Holding:
An amended information charged appellant in count 1 with battery with serious bodily injury in violation of Penal Code section 243(d) and in count 3 with battery with injury on a peace officer in violation of section 243(c)(2). A jury found appellant not guilty of both counts, and guilty of the lesser included offense of misdemeanor battery (sec. 242) for both counts. The defendant’s single head-butt resulted in two convictions for misdemeanor battery. Only one conviction can stand.
A defendant may not be convicted of multiple counts for the same offense based on a single criminal act.
Authority:
People v. Aguayo (2022) 13 Cal.5th 974, 994, fn. 8 [“we confirm that the same course of conduct may not form the basis of separate convictions for the same offense]
People v. Torres (2019) 39 Cal.App.5th 849, 858-859 [explaining that when a defendant is convicted of two of the same offenses based on the same act, the error cannot be corrected by simply staying the sentence on one count]