California, United States of America
The following excerpt is from People v. Quiroz, E069820 (Cal. App. 2020):
In People v. Toro (1989) 47 Cal.3d 966, 976-977, disapproved of on other ground in People v. Guiuan (1998) 18 Cal.4th 558, 568, footnote 3, the jury was presented with verdict forms for a lesser related offense that was not plead in the information. The court first noted " 'a person cannot be convicted of an offense (other than a necessarily included offense) not charged against him by indictment or information, whether or not
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