People v. Sosa
148 Cal. Rptr. 3d 826
Cal. Ct. App.2012Background
- Sosa was convicted of possession of a controlled substance (11350(a)) and possession of a controlled substance while armed with a firearm (11370.1(a)); counts also included a prior strike conviction.
- Information charged counts 1–3 including firearm by a felon, armed drug possession, and drug possession, with related three-strikes considerations.
- Sosa initially plea-pled not guilty but later entered an open guilty plea to all charges.
- Trial court sentenced with a term for count 1, stayed count 2, and a term for count 3, with fines, DNA, and presentence credit awarded.
- Evidence at preliminary hearing showed Sosa discarded a bag with cocaine and was found in possession of a handgun.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is count 3 a lesser included offense of count 2? | Sosa argues count 3 is a lesser included offense of count 2. | People contend 11370.1(a) and 11350(a) involve different substances, so not lesser included. | Not a lesser included offense; 11370.1(a) lists substances not in 11350(a). |
| Does the statutory elements test permit conviction on both counts when lists differ? | Sosa relies on Milward to broaden inclusion. | People affirm distinct elements; Milward not controlling here. | Statutory elements show possible conviction on both without violation of the bar. |
| Should the conviction on count 3 be vacated or affirmed given the above? | Sosa seeks vacatur of count 3. | State affirmations stand under statutory element analysis. | Judgment affirmed; count 3 upheld. |
Key Cases Cited
- People v. Sanchez, 24 Cal.4th 983 (Cal. Supreme Court 2001) (cannot convict of a lesser offense based on identical act)
- People v. Scheidt, 231 Cal.App.3d 162 (Cal. App. 1991) (statutory elements framework for lesser included offenses)
- People v. Reed, 38 Cal.4th 1224 (Cal. 2006) (limits on conviction of lesser offenses when not statutorily included)
- People v. Williams, 170 Cal.App.4th 587 (Cal. App. 2009) (explanation that some offenses may not be lesser included when lists differ)
- Milward, 52 Cal.4th 580 (Cal. Supreme Court 2011) (distinguishes scope of instruments/elements in related offenses)