People v. Perez CA2/3

DISCUSSION

1. The Theft From Macy’s Was A Lesser Included Offense to the Robbery of Juarez Perez contends, and the Attorney General concedes, that the conviction for petty theft must be stricken because it is a necessarily lesser included offense of robbery on the facts here. Although “it is generally permissible to convict a defendant of multiple charges arising from a single act or course of conduct (citation) . . . a ‘judicially created

2 exception to this rule prohibits multiple convictions based on necessarily included offenses. [Citations.]’ [Citation.]” (People v. Sanders (2012) 55 Cal.4th 731, 736.) “When a defendant is found guilty of both a greater and a necessarily lesser included offense arising out of the same act or course of conduct, and the evidence supports the verdict on the greater offense, that conviction is controlling, and the conviction of the lesser offense must be reversed. [Citations.]” (Ibid.) “[T]heft is a lesser included offense within robbery . . . . ” (People v. Estes (1983) 147 Cal.App.3d 23, 28.) “ ‘The greater offense of robbery includes all of the elements of theft, with the additional element of a taking by force or fear. [Citation.] If…