Can a defendant argue that count 6 is a lesser included offense of count 3 under the statutory elements test?
California, United States of America
The following excerpt is from People v. Nguyen, G054768 (Cal. App. 2018):
2. In the appellate opening brief, defendant argued that count 6 is a lesser included offense of count 3 under the statutory elements test. "Under the elements test, one offense is another's 'lesser included' counterpart if all the elements of the lesser offense are also elements of the greater offense." (People v. Gonzalez (2018) 5 Cal.5th 186, 197.)
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