What is the test for determining whether a lesser crime was committed?
California, United States of America
The following excerpt is from People v. Zazueta, B270655 (Cal. App. 2017):
deemed to have been removed from the jury's consideration since it has been resolved in another context, and there can be no prejudice to the defendant since the evidence that would support a finding that the lesser was committed has been rejected by the jury." (People v. Sedeno (1974) 10 Cal.3d 703, 721.)
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