California v. Robinson
Annotate this CaseDefendant Renee Robinson was charged with both aggravated mayhem, in violation of Penal Code section 205, and mayhem, in violation of Penal Code section 203 (“simple mayhem”). Both charges were based on a single incident in which defendant poured scalding water over her husband’s head, resulting in serious burns to his face and various parts of his body, with residual scarring. She contended that she could not be convicted of both offenses based on the same act because simple mayhem was a lesser included offense of aggravated mayhem. Upon further review, the Court of Appeal concluded that section 203 was a necessarily included lesser offense of section 205. Accordingly, the Court reversed defendant’s conviction for violation of section 203, and remanded the case for the trial court for resentencing.
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