[DOWNLOAD] "People v. Sloan" by Colorado Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Sloan
• Author : Colorado Supreme Court
• Release Date : January 16, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

May enhancement allegations be considered for purposes of the rule prohibiting multiple convictions based on necessarily included offenses? (See People v. Pearson (1986) 42 Cal.3d 351, 355 (Pearson).) Our recent decision in People v. Reed (2006) 38 Cal.4th 1224 (Reed), filed after the Court of Appeal decided this case, effectively answers the question in the negative. Reed held that "[c]courts should consider the statutory elements and accusatory pleading in deciding whether a defendant received notice, and therefore may be convicted, of an uncharged crime, but only the statutory elements in deciding whether a defendant may be convicted of multiple charged crimes." (Id. at p. 1231.) Like Reed, this case involves multiple charged crimes. Accordingly, the statutory or legal elements test applies. Under that test, enhancements are neither recognized nor considered in determining whether the defendant can be convicted of multiple charged crimes based on necessarily included offenses. This result is also in accord with the long-standing rule that enhancements may not be considered as part of an accusatory pleading for purposes of identifying lesser included offenses. (See People v. Wolcott (1983) 34 Cal.3d 92, 96, 100-101 (Wolcott).)

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