What is the test for determining whether an uncharged offense is necessarily included within a charged offense?

California, United States of America


The following excerpt is from People v. Rivas, C082494 (Cal. App. 2017):

There are two tests for "determining whether an uncharged offense is necessarily included within a charged offense: the 'elements' test and the 'accusatory pleading' test." (People v. Reed (2006) 38 Cal.4th 1224, 1227.) "Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser

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