Is simple theft an included crime in the criminal code?
California, United States of America
The following excerpt is from People v. Ortega, 19 Cal.4th 686, 80 Cal.Rptr.2d 489, 968 P.2d 48 (Cal. 1998):
I agree that simple theft is a necessarily included offense of robbery. (People v. Bradford (1997) 14 Cal.4th 1005, 1055, 60 Cal.Rptr.2d 225, 929 P.2d 544.) A defendant cannot commit robbery without committing theft. Robbery requires a taking of personal property. ( 211.)
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