What are the elements of the accusatory pleading test in determining whether a defendant received notice of an uncharged crime?

California, United States of America


The following excerpt is from People v. Hamilton, 241 Cal.Rptr.3d 765, 30 Cal.App.5th 673 (Cal. App. 2018):

include all of the statutory elements of the lesser offense, the latter is necessarily included in the former. Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former." ( People v. Reed (2006) 38 Cal.4th 1224, 1227-1228, 45 Cal.Rptr.3d 353, 137 P.3d 184.)5 " Courts should consider the statutory elements and accusatory pleading in deciding whether a defendant received notice, and therefore may be convicted, of an uncharged crime. " ( People v. Bailey (2012) 54 Cal.4th 740, 751, 143 Cal.Rptr.3d 647, 279 P.3d 1120.)

Other Questions


What are the elements and accusatory pleading in determining whether a defendant received notice of an uncharged crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for a jury to determine whether a defendant was a co-defendant with the intent to assist in a crime? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.