California, United States of America
The following excerpt is from People v. Osorio, G053092 (Cal. App. 2017):
7. When a crime can be committed in more than one way and the People have charged the crime in more than one way, respondent Attorney General argues that the accusatory pleading test may be discarded if the trial court ultimately instructs the jury as to only one way of committing the crime. While that argument may seem to make intuitive sense, respondent cites no cases that support that proposition. (Compare People v. Campbell (2015) 233 Cal.App.4th 148, 158-162 [under the accusatory pleading test, the trial court is not limited to the theory under which the People tried the case].)
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