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Name: People v. Sloan
Case #: C042448
Opinion Date: 02/15/2005
Citation: 126 Cal.App.4th 1148

For purposes of determining whether a defendant has been convicted twice of the same offense in violation of the double jeopardy clause, the court should consider enhancements as well as substantive offenses in determining whether an offense is necessarily included in another offense. The defendant here was convicted of aggravated assault and battery with serious bodily injury as well as inflicting corporal injury on a spouse causing a traumatic condition. The latter conviction included a great bodily injury enhancement. Although the sentences for the former offenses were stayed under section 654, the court of appeal held that those convictions must be vacated because multiple convictions under these circumstances violated the double jeopardy clause. The court rejected the Attorney General’s argument that the inquiry should be limited to the substantive offenses themselves without consideration of applicable enhancements.