Is battery a lesser included crime of robbery under the accusatory pleading test?

California, United States of America


The following excerpt is from People v. Ruiz, G038939 (Cal. App. 6/13/2008), G038939 (Cal. App. 2008):

Defendant contends the trial court erred when it failed to instruct that battery was a lesser included offense of robbery under the accusatory pleading test. "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." [Citation.]' [Citations.]" (People v. Lopez (1998) 19 Cal.4th 282, 288-289.) Here, the charging allegation states defendant "by means of force and fear [took] the personal property against the will of and from the person, possession, and immediate presence of Jesus Rosas."

Other Questions


What is the test for a defendant to be convicted of a lesser included or lesser included crime? (California, United States of America)
What is the test for an appellate court to determine whether a crime of attempted robbery is a lesser included crime? (California, United States of America)
What is the test for whether a crime is a lesser included crime of another crime? (California, United States of America)
Does the accusatory pleading test apply to a lesser included crime? (California, United States of America)
What is the test for whether a defendant can be found guilty of a lesser included crime of robbery? (California, United States of America)
What is the test for instructing a jury on a lesser included crime of robbery? (California, United States of America)
Is assault or battery a lesser included crime of robbery? (California, United States of America)
Is grand theft an included crime under the accusatory pleading test? (California, United States of America)
What is the test for determining whether a crime is a lesser included offense of a greater crime? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.