Does a lesser included offense need to be included in the greater?
California, United States of America
The following excerpt is from People v. Johnson, E062822 (Cal. App. 2016):
A lesser included offense is lesser to a particular greater offense; the lesser is included in the greaterthe greater being one count, not multiple counts. Due process provides that a defendant must be given notice of the specific charge against him. (People v. Peyton (2009) 176 Cal.App.4th 642, 657.) If the trial court were permitted to combine counts to create a lesser included offense, defendants would not have notice of
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