Is grand theft of an item taken during the commission of a robbery a lesser necessarily included offense of the crime of robbery?
California, United States of America
The following excerpt is from The People v. Hale, BA322866, No. B217608, No. BA322633 (Cal. App. 2010):
Grand theft of an item taken during the commission of a robbery is a lesser necessarily included offense of the crime of robbery. (People v. Cole (1982) 31 Cal.3d 568, 582.) "'If the evidence supports the verdict as to a greater offense, the conviction of that offense is controlling, and the conviction of the lesser offense must be reversed.'" (Ibid.)
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