People v. Robinson

Opinion

CORRIGAN, J.

It is a commonly stated rule that if the statutory elements of a crime include the elements of another offense, so that the first offense cannot be committed without also committing the second, the second is a “lesser offense” that is “necessarily included” in the first. (E.g., People v. Bailey (2012) 54 Cal.4th 740, 748 [143 Cal.Rptr.3d 647, 279 P.3d 1120] (Bailey).) As this case demonstrates, however, when the same evidence is required to support all the elements of both offenses, there is no lesser included offense.

The issue here is whether misdemeanor sexual battery is…