Opinion
Page __
__ Cal.4th __ 29 Cal.Rptr.3d 739, 113 P.3d 533 PEOPLE v. SLOAN. No. S132605. Supreme Court of California June 8, 2005Prior report: Cal.App., 24 Cal.Rptr.3d 497.
Petitions for review granted
Respondent is designated petitioner in this court for purposes of briefing and argument. (Cal. Rules of Court, rule 29.1(a)(6).) The parties are directed to brief and argued the following issue raised in respondent's petition for review: For purposes of the ban on conviction of necessarily included offenses (see People v. Pearson (1986) 42 Cal.3d 351, 228 Cal.Rptr. 509, 721 P.2d 595), should enhancement allegations be considered in determining when a lesser offense is necessarily included in a charged offense as pled in the information or indictment? (Cal. Rules of Court, rule 29.1.)
Briefing or other further action on the issues raised in appellant's petition for review is deferred pending consideration and disposition of a related issue in People v. Black, S126182 and People v. Towne, [113 P.3d 534] S125677 (see Cal. Rules of Court, rule 28.2(d)(2)), or pending further order of the court.
GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, BROWN, and MORENO, JJ., concur.