Solis

People v. Solis

Good Law
181 Cal. Rptr. 3d 877·2015 Cal. App. LEXIS 6·232 Cal. App. 4th 1108
Court of Appeal of CaliforniaJanuary 6, 2015B244487ACalifornia6,429 words

Opinion

Opinion

Bigelow, J.

In People v. Bid (2014) 59 Cal.4th 650 [ 174 Cal.Rptr.3d 82 , 328 P.3d 69 ] (Bid), the Supreme Court ruled that a defendant who was charged with one offense was properly convicted by a jury of two lesser included offenses, where neither of the two lesser offenses was included in the other. Eid based its decision on Penal Code section 1159, as construed in light of the “truth-ascertainment function” which guides a trial court’s duty to instruct on lesser included offenses.

In the appeal before us today, the issue is whether a defendant who was charged with one offense was properly convicted by a jury of two lesser related offenses, where neither of the two lesser related offenses was included in the other. We hold that two convictions for lesser related offenses may properly stem from one charged offense.

FACTS

After midnight, defendant and appellant Francisco Solis went to the home of his former girlfriend, Judith M., and climbed through a window into a bedroom where Judith and her children were sleeping. Solis began stabbing Judith with a screwdriver. Before he stopped, Solis had stabbed Judith about 20 times. Judith suffered wounds to her neck, arm, chest, face and…

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