Error and/or relief
We must reverse the defendant’s conviction under section 4501(a) because it duplicates his conviction under section 4500.
First Holding:
The defendant was convicted of section 4500 and 4501. In essence, section 4500 provides that any person serving a life sentence who, with malice aforethought, commits an assault with a deadly weapon or by means of force likely to produce great bodily injury is punishable by death or life without the possibility of parole. If the victim does not die within a year and a day, the punishment is life without the possibility of parole for nine years.
In essence, section 4501 provides that, except as provided in section 4500, a prisoner who commits an assault with a deadly weapon or by means of force likely to produce great bodily injury is punishable by two, four, or six years, to be served consecutively.
Authority:
PEN 4500
PEN 4501
Second Holding:
Section 954 allows prosecutors to charge different statements of the same offense, but does not allow a defendant to be convicted for multiple statements of the same offense. A defendant cannot be convicted of two offenses if one is necessarily included in the other or if the legislature intended to define a single offense that can be committed multiple ways–in other words, if the convictions are different statements of the same offense.
Authority:
PEN 954
People v. Vidana (2016) 1 Cal.5th 632, 648-650
Third Holding:
There are two tests to determine whether an uncharged offense is necessarily included within a charged offense: the “elements” test and the “accusatory pleading” test.
Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former.
Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former.
Authority:
People v. Reed (2006) 38 Cal.4th 1224, 1227–1228
Fourth Holding:
To determine if two convictions run afoul of section 954, we consider the elements as well as legislative intent. If one is a necessarily included offense of the other, they are not different offenses. Even if the elements differ, two offenses can be essentially the same if legislative intent shows this is so. We consider the text and structure of the statutes, the elements of the offenses, the punishments, the legislative history, and the historical context of the statutes’ enactment.
Authority:
People v. Vidana (2016) 1 Cal.5th 632, 637-638, 648
People v. Aguayo (2022) 13 Cal.5th 974, 982–983
Fifth Holding:
A defendant may be convicted only of section section 4501(a) or of section 4500, but not both for the same conduct. We direct the trial court to reverse the defendant’s conviction under section 4501(a) and to strike the sentence and any fees imposed in connection with that charge.
Authority:
People v. Nava (2007) 107 Cal.App.5th 624, 626