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Name: People v. Murphy
Case #: C046923
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/20/2005

Multiple convictions may not be based on necessarily included offenses. The defendant argued that she was improperly convicted of both selling a cocaine rock and possessing the same rock for sale. The court of appeal rejected the argument, noting that the prohibition against multiple convictions applies only to offenses where either the statutory elements or the facts included in the charging allegations include all of the elements of the lesser offense. Here, the conviction for selling cocaine did not include possession for sale as statutorily included elements, since one may aid the sale of a substance without possessing that substance. Further, the charging document alleged only that the defendant possessed cocaine base for sale and sold cocaine base, without any specific factual allegations that would satisfy the charging allegations test for lesser included offenses. Thus, her conviction for both crimes was proper.