California, United States of America
The following excerpt is from People v. Green, 50 Cal.App.4th 1076, 58 Cal.Rptr.2d 259 (Cal. App. 1996):
The test in this state of a necessarily included offense is simply that, where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense. (People v. Pearson (1986) 42 Cal.3d 351, 355, 228 Cal.Rptr. 509, 721 P.2d 595.)
Robbery occurs when any type of personal property is removed from the victim by force or fear with the intent to permanently deprive the victim of [50 Cal.App.4th 1084] possession of the property. ( 211.) Carjacking requires the taking of a motor vehicle by force or fear with the intent to temporarily or permanently deprive the victim of possession of the vehicle. 3 Thus, even where the subject of a robbery is a motor vehicle, the intent element of carjacking is less inclusive than the specific intent required for robbery. Accordingly, neither robbery nor carjacking is a lesser offense necessarily included within the other. (People v. Dominguez (1995) 38 Cal.App.4th 410, 419, 45 Cal.Rptr.2d 153.)
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.