What is the test for a lesser included crime within the criminal code?
California, United States of America
The following excerpt is from People v. Martinez, E048999, No. SWF017401 (Cal. App. 2010):
"if a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former." (Ibid.; see also People v. Montoya (2004) 33 Cal.4th 1031, 1034.)
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