California, United States of America
The following excerpt is from People v. Jackson, D074547 (Cal. App. 2020):
A crime constitutes a lesser included offense if it satisfies either the elements test or the accusatory pleading test. (People v. Reed (2006) 38 Cal.4th 1224, 1227-1228.) A crime satisfies the elements test if all the elements of the lesser offense are also elements of the greater offense. (Id. at p. 1227.) A crime satisfies the accusatory pleading test if the facts alleged in support of the greater offense include all the elements of the lesser offense. (Id. at p. 1228.)
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