Is a lesser included offense of robbery a less included crime?
California, United States of America
The following excerpt is from People v. Minichilli, 161 Cal.App.3d 660, 207 Cal.Rptr. 766 (Cal. App. 1984):
Theft is a lesser included offense of robbery. (People v. Harris, 93 Cal.App.3d 103, 118, 155 Cal.Rptr. 472.) The trial court is required to instruct on the general principles of law relevant to the issues raised by the evidence which include
"giving instructions on lesser included offenses when the evidence raises a question of whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged. [Citations.]" (People v. Sedeno, 10 Cal.3d 703, 715-716, 112 Cal.Rptr. 1, 518 P.2d 913.)
"The trial court is not obligated to instruct sua sponte on necessarily included [161 Cal.App.3d 673] offenses unless the evidence would justify a conviction of such offenses." (People v. Wickersham, 32 Cal.3d 307, 325, 185 Cal.Rptr. 436, 650 P.2d 311.)
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