California, United States of America
The following excerpt is from People v. Ballard, C086079 (Cal. App. 2021):
Defendant misses the point. Under the elements test, the test for determining whether a crime is a lesser included offense of a greater crime is whether the elements are the same. " 'The elements test is satisfied if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, such that all legal elements of the lesser offense are also elements of the greater. [Citation.] In other words, " '[i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.' " ' ([People v.] Bailey [(2012)] 54 Cal.4th [740,] 748.)" (People v. Robinson (2016) 63 Cal.4th 200, 207, fn. omitted.)
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