What is the test for a defendant to be convicted of a lesser included or lesser included crime?
California, United States of America
The following excerpt is from People v. Fantauzzi, B258992 (Cal. App. 2015):
"'[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. Reed (2006) 38 Cal.4th 1224, 1227.) A defendant may not be convicted of both an offense and a lesser included offense. (Ibid.; see also People v. Anderson (2009) 47 Cal.4th 92, 103-
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