Is tampering a lesser included offense of burglary when tampering was the basis of the appellant's defense?

California, United States of America

The following excerpt is from People v. LIMA, B222222, Super. Ct. No. PA064963 (Cal. App. 2011):

^³This case is distinguishable from People v. Mooney (1983) 145 Cal.App.3d 502, in which the trial court failed to instruct that tampering was a lesser included offense of burglary when tampering was the basis of the appellant's defense, and the appellate court found prejudicial error resulted. Here, not only was tampering inconsistent with appellant's defense but also appellant's counsel elicited testimony that Officer Blackhall concluded no vandalism had occurred.

^⁴Pitchess v. Superior Court (1971) 11 Cal.3d 531 (Pitchess).

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Can a defendant be immunized from retrial of a lesser included offense if a separate verdict has been taken on one of the included offenses but the jury disagreed on the other? (California, United States of America)

Does the trial court erred in failing to include imperfect self-defense as a crime against the person as a lesser included offense of murder? (California, United States of America)

Is a jury required to unanimously acquit a defendant of a lesser included offence before considering whether to consider the lesser included offense? (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)

What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)

How have courts interpreted the doctrine of 'of the greater offense but not of the lesser included offense'? (California, United States of America)

What are the consequences of a trial court's failure to instruct on defenses and lesser included offenses? (California, United States of America)

What is the de novo standard of review applied to an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense? (California, United States of America)

When a defendant is charged with conspiracy to commit a lesser included crime, what is the duty of the court to instruct the jury on all necessarily included offenses? (California, United States of America)

Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)

Is tampering a lesser included offense of burglary when tampering was the basis of the appellant's defense?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources