What is the test for a defendant to be convicted of a lesser-included crime of attempted kidnapping?

California, United States of America

The following excerpt is from People v. Herrera-Ramos, B277401 (Cal. App. 2018):

always substantial evidence. (People v. Tufunga (1999) 21 Cal.4th 935, 944.) We review de novo the trial court's failure to instruct on a lesser-included offense. (People v. Cook (2006) 39 Cal.4th 566, 596.)

To convict a defendant of kidnapping, the prosecution must prove:
( 207, subd. (a); see CALCRIM No. 1215.) Attempted kidnapping ( 664/207) and false imprisonment ( 236) are both lesser-included offenses of kidnapping. (People v. Chacon (1995) 37 Cal.App.4th 52, 65.) False imprisonment differs from kidnapping in that false imprisonment does not require the victim's movement. (See CALCRIM No. 1240.)

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What is the test for a defendant to be convicted of a lesser-included crime of attempted kidnapping?

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