Is an uncharged offense necessarily included within a charged offense?
California, United States of America
The following excerpt is from People v. Sandoval, G058228 (Cal. App. 2020):
In California, two tests are used to determine whether an uncharged offense is necessarily included within a charged offense. "Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser
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offense, the latter is necessarily included in the former." (People v. Reed (2006) 38 Cal.4th 1224, 1227.)
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