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.)
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