People v. Sloan

Opinion

BAXTER, J.

May enhancement allegations be considered for purposes of the rule prohibiting multiple convictions based on necessarily included offenses? (See People v. Pearson (1986) 42 Cal.3d 351, 355 [228 Cal.Rptr. 509, 721 P.2d 595].) Our recent decision in People v. Reed (2006) 38 Cal.4th 1224 [45 Cal.Rptr.3d 353, 137 P.3d 184] (Reed), filed after the Court of Appeal decided this case, effectively answers the question in the negative. Reed held that “[c]ourts should consider the statutory elements and accusatory pleading in deciding whether a defendant received notice, and therefore…