Does the accusatory pleading test apply to a lesser included crime?
California, United States of America
The following excerpt is from People v. Beeche, A147911 (Cal. App. 2017):
Our evaluation of the issue using the accusatory pleading test requires us to assess whether the accusatory pleading describes the greater crime in such a manner that if committed in the fashion described, the lesser must necessarily also be committed. Under this test, the evidence actually admitted during the trial is not relevant to a determination of the status of a crime as a lesser included. (People v. Wright (1996) 52 Cal.App.4th 203, 208.) If the charging information identifies the crime based on its
Page 7
statutory language, only the statutory elements are relevant for determining if the uncharged crime is a lesser included offense of the charged greater crime. (People v. Moussabeck (2007) 157 Cal.App.4th 975, 981.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
