Can a judge reasonably conclude that a lesser offense but not the greater was committed?
California, United States of America
The following excerpt is from People v. Stevens, E072003 (Cal. App. 2020):
could not reasonably conclude "'that the lesser offense, but not the greater, was committed'" because no substantial evidence showed that defendant committed counts 1 and 7 through 12 without force or duress. (People v. Moye, supra, 47 Cal.4th at p. 553.)
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