California, United States of America
The following excerpt is from People v. Ruiz, G038939 (Cal. App. 6/13/2008), G038939 (Cal. App. 2008):
Defendant contends the trial court erred when it failed to instruct that battery was a lesser included offense of robbery under the accusatory pleading test. "Under the accusatory pleading test, a lesser offense is included within the greater charged offense `"if the charging allegations of the accusatory pleading include language describing the offense in such a way that if committed as specified the lesser offense is necessarily committed." [Citation.]' [Citations.]" (People v. Lopez (1998) 19 Cal.4th 282, 288-289.) Here, the charging allegation states defendant "by means of force and fear [took] the personal property against the will of and from the person, possession, and immediate presence of Jesus Rosas."
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