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Name: Lesser-Included Offenses

The Court of Appeal agreed with the parties that (1) appellant could not be convicted of both simple kidnapping and kidnapping for robbery based on the same conduct because the former is a necessarily included offense of the latter (People v. Lewis (2008) 43 Cal.4th 415, 518), (2) the trial court erred in failing to stay the sentences of some of appellant’s counts under Penal Code section 654, and (3) the trial court erred in failing to conduct presentence credits under section 2900.5. The court reversed the simple kidnapping charge and remanded the matter for full resentencing, including, but not limited to, the trial court’s exercise of discretion as to which counts to stay and the recalculation of custody credits.