[DOWNLOAD] "People v. Izaguirre" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Izaguirre
- Author : Colorado Supreme Court
- Release Date : January 16, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a companion case to People v. Sloan (Aug. 16, 2007, S132605) __ Cal.4th ___ (Sloan), also filed today. Sloan holds that enhancement allegations may not be considered for purposes of the rule prohibiting multiple convictions based on necessarily included offenses, also referred to as the multiple conviction rule. (See People v. Pearson (1986) 42 Cal.3d 351 (Pearson).) The holding in Sloan is consistent with this courts recent decision in People v. Reed (2006) 38 Cal.4th 1224 (Reed), which held that the legal elements test, rather than the accusatory pleading test, should be used in determining whether conviction of a charged offense is barred under the rule. Since enhancements are not legal elements of the offenses to which they attach, they are not considered in defining necessarily included offenses under that test.
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