Is grand theft from a person a lesser included crime than robbery?

California, United States of America


The following excerpt is from People v. Erick V. (In re Erick V.), B249764 (Cal. App. 2014):

Appellant contends, and the Attorney General's office concedes, that the juvenile court's true finding as to count 2 for grand theft from a person should be reversed as it is a lesser included offense of the court's true finding in count 1 for robbery. We agree. (People v. Burns (2009) 172 Cal.App.4th 1251, 1256 ["Theft in any degree is a lesser included offense to robbery, since all of its elements are included in robbery. The difference is that robbery includes the added element of force or fear."].)

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