Does section 1159 of the California Criminal Code allow a defendant to be found guilty of a lesser included offence whether charged or uncharged?

California, United States of America


The following excerpt is from People v. Scheidt, 231 Cal.App.3d 162, 282 Cal.Rptr. 228 (Cal. App. 1991):

Like our state's highest court, we observe that expansion of the interpretation of lesser included offenses for purposes of section 1159 to allow a defendant to be found guilty of included offenses whether charged or uncharged may serve a beneficial purpose. However, "there appears little reason to enlarge the meaning of the same phrase as it is used in other situations." (People v. Pearson, supra, 42 Cal.3d at p. 356, fn. 2, 228 Cal.Rptr. 509, 721 P.2d 595.)

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