California, United States of America
The following excerpt is from People v. Kiley B. (In re Kiley B.), D065405 (Cal. App. 2015):
Kiley further contends the court erred by not considering proof at trial in determining whether section 148(a)(1)'s elements overlapped with section 69, but identifying a lesser included offense does not include considering the evidence adduced at trialit is based upon the definitions of both offenses. (People v. Ortega (1998) 19 Cal.4th 686, 698.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.