What is the test for determining whether a lesser offense, but not the greater, was committed?
California, United States of America
The following excerpt is from People v. Ibarra, C085703 (Cal. App. 2021):
reasonable [persons] could . . . conclude[]" ' that the lesser offense, but not the greater, was committed." [Citation.]' (People v. Romero (2008) 44 Cal.4th 386, 402-403].)" (People v. Sattiewhite (2014) 59 Cal.4th 446, 477.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test to determine whether a lesser offense is necessarily included in a greater offense? (California, United States of America)
What is the test for determining whether a defendant committed a lesser, but not the greater, offence? (California, United States of America)
What is the test for whether a greater statutory offence can be committed without committing the lesser statutory offence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
What is the test to determine if a lesser offense is necessarily included in a greater offense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a lesser offense is necessarily included in a greater offence? (California, United States of America)
What is the test for determining whether a crime is a lesser included offense of a greater crime? (California, United States of America)
What is the test for determining whether a lesser charged offence is necessarily included in a greater charged offense? (California, United States of America)
