What is the test for determining if a defendant has committed a criminal offence against another defendant?
California, United States of America
The following excerpt is from People v. Ceja, F065014 (Cal. App. 2013):
"The evidence adduced at trial is not to be considered in determining whether one offense necessarily is included within another." (People v. Cheaves (2003) 113 Cal.App.4th 445, 454.) "In making this determination, one looks to the elements of the offensesnot the evidence regarding the commission of the offenses." (People v. Reed (2000) 78 Cal.App.4th 274, 281.)
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