Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder?

California, United States of America


The following excerpt is from People v. Juarez, 199 Cal.Rptr.3d 735, 366 P.3d 989, 62 Cal.4th 1164 (Cal. 2016):

As explained, the statutory elements of conspiracy to commit murder do not include all of the elements of attempted murder. But examining the statutory elements is not the only method to determine whether one crime is included in another. In many circumstances where we are seeking to identify a lesser and necessarily included relationship, "we apply either the elements test or the accusatory pleading test. Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former. Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former. " (People v. Shockley (2013) 58 Cal.4th 400, 404, 165 Cal.Rptr.3d 497, 314 P.3d 798 ; cf. People v. Reed (2006) 38 Cal.4th 1224, 1229, 45 Cal.Rptr.3d 353, 137 P.3d 184 [for purposes of 954, only the statutory elements test applies].)

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