What is the test for determining whether a defendant committed a lesser included crime?

California, United States of America


The following excerpt is from People v. Morales, B250716 (Cal. App. 2015):

trial court need only examine the accusatory pleading.' [Citation.] '[S]o long as the prosecution has chosen to allege a way of committing the greater offense that necessarily subsumes a lesser offense, and so long as there is substantial evidence that the defendant committed the lesser offense without also committing the greater, the trial court must instruct on the lesser included offense.' [Citation.]" (People v. Banks, supra, 59 Cal.4th at p. 1160; People v. James (2014) 230 Cal.App.4th 1256, 1260-1262.)

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