What is the elements test for a lesser form of a greater crime?

California, United States of America


The following excerpt is from People v. Macias, 237 Cal.Rptr.3d 583, 26 Cal.App.5th 957 (Cal. App. 2018):

" The elements test is satisfied if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, such that all legal elements of the lesser offense are also elements of the greater. [Citation.] In other words, " [i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former. " " ( People v. Robinson (2016) 63 Cal.4th 200, 207, 202 Cal.Rptr.3d 485, 370 P.3d 1043, quoting People v. Bailey (2012) 54 Cal.4th 740, 748, 143 Cal.Rptr.3d 647, 279 P.3d 1120.)

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