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Name: People v. Reed
Case #: S136345
Court: CA Supreme Court
District CalSup
Opinion Date: 07/03/2006

In determining whether one offense is necessarily included in the other, a court should consider only the “elements” test. Appellant was charged and convicted of several firearm offenses, including being a felon in possession of a firearm. He alleged he was improperly convicted of being a felon in possession of a firearm in addition to the other crimes. Appellant acknowledged the offenses were not lesser included offenses under the “elements” test, but argued he satisfied the “accusatory pleading” test. The Supreme Court did away with the accusatory pleading test, as it relates to lesser included offenses, and affirmed. While the accusatory pleadings test is proper to determine whether the defendant received adequate notice of the charges, it is irrelevant to the question of multiple charged offenses. Application of the accusatory pleadings test in this context leads to absurd results.