What is the test used to determine whether a crime is necessarily included as a lesser offense?
California, United States of America
The following excerpt is from People v. Baker, G048818 (Cal. App. 2015):
In determining whether a crime is a necessarily included lesser offense, "courts apply the so-called '"accusatory pleading"' test, which 'looks to whether "'"the charging allegations of the accusatory pleading include language describing the [charged] offense in such a way that if committed as specified [the proposed] lesser offense is necessarily committed."'"' [Citations.]" (People v. Alarcon (2012) 210 Cal.App.4th
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