Q: How does reversed burglary affect pc 220b conviction?
My son was convicted of 220b. The appellate court reversed the burglary saying it was a lesser included and an enhancement of 220a1. How does this affect his conviction/sentence?
A:
What most likely happened here was that your son was convicted on both counts, but the appellant court reasoned that one of the counts (220a) was a lesser included offense of the substantive count (220b). For this reason, the conduct comprising the lesser count is already fully considered by conviction on the substantive count, and therefore the additional conviction was inappropriate. The conviction on the substantive count remains. As for the sentence, the sentence would also remained unchanged unless there was some type of remand order from the appellate court instructing the trial court to resentence. In any case, you should consult with an experienced criminal appellate lawyer to make sure your rights and privileges are protected.
- Law Office of Joseph Abrams, Anaheim, CA
John Karas agrees with this answer
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