What evidence supports a conviction for continuous sexual abuse of a child?

Although the evidence does not support a conviction for continuous sexual abuse of a child, it does support a conviction for the lesser included offense of lewd act on a child under the age of 14. ( 288, subd. (a).) There are two methods for determining whether an offense is a lesser included offense: "[A] lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense [(the elements test)], or the facts actually alleged in the accusatory pleading [(the accusatory pleading test)], include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser." (People v. Birks (1998) 19 Cal.4th 108, 117.) In their supplemental briefs, both parties agree that section 288, subdivision (a) is a lesser included crime of a section 288.5 offense under the accusatory pleading test.