What is the legal test for reducing a conviction to a lesser included crime?
California, United States of America
The following excerpt is from People v. Chaves, A144066 (Cal. App. 2016):
2. This is an apparent reference to the authority granted us by Penal Code section 1260 to "modify a judgment or . . . reduce the degree of the offense . . . ." This authority includes reducing a conviction to a lesser included offense. (See People v. Navarro (2007) 40 Cal.4th 668, 677-678 and authorities cited.)
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