Is grand theft an included crime under the accusatory pleading test?

California, United States of America


The following excerpt is from People v. Holder, 165 Cal.App.3d 998, 212 Cal.Rptr. 198 (Cal. App. 1985):

The second category of included offenses is that in which the elements of the lesser offense are covered in the language of the accusatory pleading. Each count of grand theft and each count of Corporations Code section 25401 violation charged in the information is presented in the statutory language. Grand theft, therefore, is not a necessarily included offense under the accusatory pleading test. (See People v. Watson, supra, 150 Cal.App.3d at p. 321, fn. 4, 198 Cal.Rptr. 26.)

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