Is section 669 of the California Code of Civil Procedure applicable to sexual assault cases?
California, United States of America
The following excerpt is from People v. Ramos, F072833 (Cal. App. 2017):
5. See People v. O'Malley (2016) 62 Cal.4th 944, 984 [" 'Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former.' "].)
6. In 2006 section 669 read in pertinent part:
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