State v. Chabolla-Hinojosa

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing repeal of transportation of marijuana as a criminal offense and replacement with transportation for sale
• vacating a lesser-included offense as a remedy for a double-jeopardy violation
• lesser included offense can have the same as or a lesser penalty than the greater offense
• test for lesser included offense includes situation where lesser charge is “incidental” to greater whose commission as charged necessarily includes the lesser
• “When a person is convicted of an offense, the prohibition against double jeopardy protects against further prosecution for that or any lesser -included offense.”
• lesser-included offense is composed solely of some but not all the elements of the greater crime and is “always a constituent part of the greater offense”

Source: CourtListener parenthetical corpus (CC0).