P.
P. v. Broyles CA1/2
Opinion
Opinion
Richman, J.
facts actually alleged in the accusatory pleading include all of the elements of lesser offense, the latter is necessarily included in the former.” (People v. Reed (2006) 38 Cal.4th 1224, 1227-1228.) But only the elements test is applicable here. “The accusatory pleading test arose to ensure that defendants receive notice before they can be convicted of an uncharged crime. „As to a lesser included offense, the required notice is given when the specific language of the accusatory pleading adequately warns the defendant that the People will seek to prove the elements of the lesser offense.‟ [Citation.] „Because a defendant is entitled to notice of the charges, it makes sense to look to the accusatory pleading (as well as the elements of the crimes) in deciding whether a defendant had adequate notice of an uncharged lesser offense so as to permit conviction of that uncharged offense.‟ [Citation.] But this purpose has no relevance to deciding whether a defendant may be convicted of multiple charged offenses. „[I]t makes no sense to look to the pleading, rather than just the legal elements, in deciding whether conviction of two charged offenses is proper. Concerns about notice are…