How does the accusatory pleading test apply in criminal cases?
California, United States of America
The following excerpt is from People v. Sandoval, G058228 (Cal. App. 2020):
Under the accusatory pleading test, "a lesser offense is included within the greater charged offense '"if the charging allegations of the accusatory pleading include language describing the offense in such a way that if committed as specified the lesser offense is necessarily committed."'" (People v. Lopez, supra, 19 Cal.4th at p. 288.)
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